answered on Jul 9, 2022
A sole proprietorship is not a business organization separate from its owner. This means that there is no legal “person” involved except the proprietor, so there is nobody else who could own property in their own name. A small business owner might register a “doing business as” name, but... Read more »
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 »
answered on Mar 12, 2022
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 »
Need trademark attorney. I already filed in US through USPTO and now want to file the same trademark internationally with I believe the World Intellectual Property Organization (WIPO). What is the best course of action? I am aware of the Madrid Protocol and can see general prices online.
answered on Nov 19, 2021
You've spotted the most expeditious route: file with WIPO for each of the countries in which you'd like your trademark rights to apply (you'll check which ones you want). For purposes of the WIPO filing, the European Union is treated as one country. However, the application will be... 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 »
answered on Nov 8, 2021
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 »
answered on Sep 9, 2021
You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.
The owner of trademark sent me this: According to the USPTO, Girl Dad and #girldad infringe on our mark because they would be confused with Girldad. Consider this example, a gentleman applied for a mark using "girl dad" in February (serial number 88805589) and on May 12, 2020 received a... Read more »
answered on May 27, 2021
They are correct
You should consider an alternative trademark and consult with an attorney
answered on Jan 14, 2021
Depending on how a trademark will be used, trademarks may be registered in your state or nationally via the USPTO. Some businesses also register their trademarks in other countries. You can review information about the process at the USPTO website. It is recommended that business owners work with... Read more »
answered on Jan 4, 2021
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 »
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »
answered on Dec 28, 2020
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 »
PAC are the initials of the artist that wants the stage name PacMan. Again no logos would be used from the game, as well as it being in the music industry, I wasn't sure if it would infringe without the hyphen, as well as the use of it for "entertainment"
5y ago 2 business owners decided to join forces by launching a branded product.
Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.
Person A registered the domain, did product development and paid for the initial production.... Read more »
answered on Dec 28, 2020
Tough, tough situation.
Unless you can resolve it amicably, you will have to resort to litigation.
The best approach would be to move on and pick a new trademark.
I can not believe that the product is so unique that you can not replicate the success.
Consult with an... Read more »
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »
answered on Dec 22, 2020
If Tower has the trademark, it doesn't matter that it was dead. They own it now. You could try to get them to share the trademark with you. I would definitely consult a lawyer. Good luck!
In the current manuscript draft, the story unfolds in a very large retirement community, the name of which is trademarked. For the sake of this question, let's just say that the trademarked name of the community is Golden Years Estates (it's not!) The novel involves a murder, and the... Read more »
answered on Dec 17, 2020
It is possible. They may claim you are defaming them.
Consult with an attorney.
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 »
answered on Sep 26, 2020
Hi there,
First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!
To the merits ...
Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively... Read more »
If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?
answered on Jul 9, 2020
If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »
answered on Jun 17, 2020
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 »
Samples without giving my specific brand away would be: Fisherman's Food Network or Hunter's Food Network or Doctor's Food Network etc...
answered on May 3, 2020
Using the name "Food Network" for your brand may very likely infringe on the trademark rights of the existing Food Network brand. Infringement may occur when there is a likelihood of confusion as to the source of the goods represented by the mark. Adding a word to an existing trademark... Read more »
Hello. I'm looking to officially "start" my business and I've noticed that the name appears to be at least partially trademarked. The company using it is Relapse Records and have "Relapse" trademarked. I'm looking to create "Relapse Gaming".
answered on Apr 19, 2020
You need to see what classification(s) has the other party registered their mark in with the USPTO. It is possible that your use for "gaming" would not fall in the same class as "records." For example three parties each own the identical mark "DOMINION". This is... Read more »
We are doing a marching band halftime show in 2020 that is heavily based in satire. I'd like to use the title "Bands Against Humanity" as it perfectly describes the "satire" and humor elements of our theme. I reached out to the game manufacturer for Cards Against Humanity... Read more »
answered on Mar 16, 2020
Yes, if they have a registered trademark, then it would include slight variations on it. Trademarks are typically limited to specific goods and services as they are listed within the application. However, by hosting this type of event, CAH could make a claim that you are diluting their brand name... Read more »
The photo is heavily altered, does not use his name or the original book title, and only uses the cover art
answered on Feb 16, 2020
Usually the copyright page of the book will tell you who to contact for permissions. You may want to start with the publishing company as they usually get all permissions in the publishing agreement. If they don’t have the rights, they should be able to direct you to the right person.
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