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 »
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 »
There are a lot of unknown facts in your question/scenario which require review of existing documents ( the Company documents -Bylaws or Operating Agreement / Buy-sell / your loans to Company) (the Assignment of patent rights) and possibly some research regarding registration of the patents and the...Read more »
I want to start an HVAC repair business. I have a common last name in my area of the country (US), and I want to name the business using my last name. For the purposes of this post I'll use the pseudonym "Smith" - so I want to name my HVAC business "Smith Air Conditioning &... Read more »
Since your name is common, and you're naming your business a generic/descriptive name which describes exactly what you'll be doing, you probably won't have a trademark problem. Usually other people can't stop you from using your own name for your business. Best to search the...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 »
This video game contains art, music, code, and scenarios that were made between five different people. We want to put this video game on an online store and sell it to make a profit, but we also want to purchase a copyright to protect it from being pirated/tampered with and reproduced. Everyone in... Read more »
Great question! Copyright registration can be applied for at https://www.copyright.gov/ or any of the copyright lawyers on this site will gladly assist. Based on what you've described, you'll likely need a TX copyright for the source code, VA for the original artistic components, and...Read more »
I am in the process of establishing a partnership with another company. A new company was to be formed in which the two services (software) would be combined to create one company/service. The other party signed an NDA, I then sent a proposal suggesting the merger or creation of a new company. I... Read more »
The Philly LOVE statute has been the source of contentious litigation numerous times. Even though the artist died in recent years, there are others who claim to own the copyright in the sculpture. There is also a claimed trademark registration for various goods for the LOVE sculpture. Artists...Read more »
If someone else filed for that second patent, I would argue that given my patent, that the second patent is obvious but it really isn't that obvious and I want to be the one to file before someone else does. An analogous example: Think of the old power line communications technology where... Read more »
Patent 1 is for an invention, patent 2 is an improvement to that invention. You can file an application to patent 2 as a CIP of the first application, or you can add a TD in the second filing, etc. Talk to your patent attorney more about this.
Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be...Read more »
You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a...Read more »
Many vendors in Pittsburgh sell merchandise with this logo. My listing was removed by Etsy after notice of intellectual property infringement from NFL Properties, LLC. This logo can be looked up on Google as "Pittsburgh Combined Team Logo". The only portion of the Pittsburgh Steelers logo... Read more »
Assuming you have no prior record of convictions, you will get probation. The maximum sentence you face is 1 to 2 years incarceration. However, that maximum usually is ordered for repeat convicts who have multiple convictions. Hire an attorney and inquire as to whether your county has a first...Read more »
well the whole story is my friend hit my car in a parking lot and my parents decided to not get insurance involved so i got estimates for it and they agreed to pay. after a weak and a half i slid of the road and damaged the parts my friend damaged
The product is a dumbbell fitness bracelet that has the words "Live","Lift" on the bracelet. The notice is coming a company that sell similar bracelets that h that has the words "Fit", "Life" on it. The bracelets are very similar but clearly different based... Read more »
An attorney would need to review the two products to answer this question. From what you have described, it seems unlikely that your bracelet would infringe a copyright for the other bracelet. While jewelry is protected by copyright, the rights are not so broad as to cover entire design concepts....Read more »
When you trademark a name, I know that variations are covered under the idea that they create conflict but is it possible to list known variations that are used colloquially under the same application or do they all need to be done separately? For example if the official name is Product-X Service... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.