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 »
Samples without giving my specific brand away would be: Fisherman's Food Network or Hunter's Food Network or Doctor's Food Network etc...
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 »
The photo is heavily altered, does not use his name or the original book title, and only uses the cover art
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 »
It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.
Does that mean I can use the word BTS if it’s in colors.
No
on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.
Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)
Consult with an... Read more »
I see a cartoon character, Thundarr the Barbarian may currently not be trademarked by anyone.
Ookla the Mok say, "Doesn't mean character not in use commercially or protected by US copyright law."
It is always best to create an original brand name, tag-line, or logo.
Is there a website to start this or do I need a lawyer?
You will need to prepare and file a trademark registration application through the US Patent and Trademark Office — uspto.gov
While It’s possble to handle this process on your own, retaining an attorney is highly recommended to ensure the application is prepared properly. If you’d... Read more »
My business sells human hair weft extensions, fusion hair, human hair wigs, eyelashes, bonnets, and edge control.
You should consult with a knowledgeable trademark registration attorney who can properly prepare your trademark application for you and maximize your odds of a successful registration with the USPTO.
I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".
Also wondering with a tech app, will I need intellectual property or any... 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 »
It seems their trademark is just for a specific logo. Thanks for any help
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 »
You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.
Robert J. Duminiak, Esq.
Howson & Howson, LLP
Bldg. 620, Suite 210
350 Sentry Parkway
Blue Bell, PA 19422
Phone: 215-540-9200
Fax: 215-540-5818
Email: rduminiak@howsoniplaw.com
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 »
I agree that it is a good idea to make sure the application is completed correctly the first time.
Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.
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 »
Your issues are a bit unclear, but these principles might be helpful:
1. The underlying right to use a particular trademark is acquired by actual use in commerce.
2. For a mark used in commerce but not registered with the U.S. Trademark Office, the geographical scope of protection... Read more »
Many people are copying our company and we'd like to end the confusing likeness. Thank you.
Hello. You actually haven't provided what YOUR logo is, so it's impossible to compare the two.
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