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 other form of... 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 granted a... 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 on their... 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:... 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 thinking this but... 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 Greek. It's too... 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.
RZR is a trademark registered to Polaris Industries
It depends on what line of business you are in and the scope of the other trademark. I recommend discussing your business plans with a trademark attorney in a confidential conference.
what could I potentially face if caught
You could potentially be liable for trade dress infringement, which is very similar to what you are describing.
Can someone trademark LIFEGUARD and prevent others from using it on clothing?
You cannot prevent others from entering an entire business profession. However, you can obtain a trademark for lifeguard services that you provide.
In your example, the words "fitness" and "gym" are merely descriptive of the services provides. As such, that portion of your example marks would generally NOT be part of the protected elements. In fact, usually the trademark examiner will ask that the applicant disclaim any rights to such... Read more »
I would need to know more facts to fully answer your questions. Cancellation of a federal trademark registration significantly diminishes the mark owner's rights. Although, it is unsafe to assume that because the mark was cancelled, it is free to use. The owner may have common law rights in the... 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.
