Benton R Patterson III's answer There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks. The fact that the customers of each business are different is relevant, but not conclusive. I recommend speaking with a trademark attorney to evaluate all the facts to determine your chances of...
Peter D. Mlynek's answer If a patent is expired, then whatever is in the patent is generally considered in public domain, meaning, that anyone should be able to use it. There may be some weird exception to this, but that is the whole idea behind patents: the inventor discloses the invention to the society, and return the society lets him go after infringers for a limited time. Once the time expires, it belongs to the society.
However, you do need to be careful, though: there may be other patents out there....
Terrence H Thorgaard's answer Copyright protection is governed by federal law. The Supremacy Clause declares that federal law supersedes inconsistent state law. So yes, if there are state laws in the picture (although it is hard to imagine that being), they would probably be superseded by federal law.
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