I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... Read more »
Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an...Read more »
1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)
I used photoshop to impose two copyrighted... Read more »
It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more...Read more »
The trademark owner identity and contact information is publicly available at the "Trademark Status and Document Retrieval" site within the US Patent and Trademark Office website. You would first search for the mark via "TESS" -- the trademark search engine available at...Read more »
This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you...Read more »
It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)...Read more »
This is never an easy question. There are ways to "transform" copyrighted and trademarked works in a way that "fair use" rights will apply. However, I tell my clients not to mess with big established brands and logos. It may end up in having to scrap your project, pay...Read more »
You can never tell for sure if someone (or a company like Porsche) is going to sue you for using their car and trademarked logo commercially on shirts. Me, I would not take my chances knowing what I know. I would probably try to create my own dream car and own unique logo.
I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »
Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... Read more »
The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to...Read more »
The jerseys do not use any similar colors or shapes of the player’s real team. Also, this made up alphabet that I create will not be disclosed. So it will take other people to “crack the code” if you will, but numbers and length of names will be clues.
Be careful about the NBA's trademarks, and the players' rights of publicity here. But if it's not readily apparent that you're pointing to another's trademark; or that the players' identities are readily discernible, your risk of infringement here is quite low.
Generally speaking, using copyrighted content for educational purposes is squarely within the "fair use" doctrine of copyright law. Without knowing a bit more about your situation, it's difficult to answer this fully, but your risk of infringement here is very low.
There are two elements here – rights to the image under copyright law and rights to the use of the image related to rights to publicity/likeness/privacy related to the famous person (and maybe others). You are claiming rights to the image under copyright. You need to clear the rights related to...Read more »
I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... Read more »
The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the...Read more »
Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be...Read more »
Hypothetical question: If Ginger and Fred's restaurant atop the Dancing House in Prague (named after real life people Ginger Rogers and Fred Astaire) had been named "Bond & Lynd's", with a marketing campaign involving a generic man in tux and a beautiful woman, would that... Read more »
It may be copyright infringement and also trademark infringement. You acknowledge that you do want to make an obvious reference to the Bond enterprise. Best to consult with an attorney before you proceed with your plan.
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