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?
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 »
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 »
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".
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 »
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 »
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.
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 »
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 »
Maybe. The standard is the likelihood of confusion. Two companies may register and use the same words as their trademark and not be infringing if there is not a likelihood of confusions between the two uses. There is alot of information on my website on the topic.
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 »
I've been asked to take down a product on my art shop that is listed as "The Boston Marathon" apparently that text or logo is trademarked by the baa. I do not use any of their logos or trademarks on my product, just describe the product as the Boston Marathon. Am I still infringing... Read more »
I have been a huge fan of ww1 and ww2 engineering and designs. I love to use military items to create totally new designs that celebrate a famous ship or a plane for example. I also create fictional stories within the ww1/2 era by using famous planes and cars in scenes (like artist James Dietz does... Read more »
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over...Read more »
I have what may be a ?product line? idea. It's a name to represent spiritually based slogans which can go on anything from refrigerator magnets to T-shirts, etc. I've looked on the government website and got lost in the process of a bunch of forms which may have well been written in... 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.