im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used
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answered on Nov 13, 2023
Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More 
People ask me for this. No picture is sold, just my time and supplies.
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answered on Nov 8, 2023
Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More
I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More
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answered on Nov 8, 2023
Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More
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answered on Nov 3, 2023
LET THERE BE LIGHT is a registered trademark used for ministerial services and candles, and is registered as a slogan used by the University of California for educational services and merchandise; there is also a pending application to register LET THERE BE LIGHT for decorative lighting.
If... View More
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answered on Nov 4, 2023
The use of common phrases can be tricky in trademark law. "Let there be light" is a well-known biblical phrase, and "Here's your sign" has been popularized by comedian Bill Engvall. Generally, phrases that have become widely used in everyday language may be considered too... View More
answered on Nov 3, 2023
There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More
I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?
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answered on Oct 16, 2023
Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More
I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?
answered on Oct 18, 2023
Copyright law does not protect short words or phrases, so you would probably not have to worry about a copyright claim arising from such a use of these letters. Trademark law does protect short words and phrases, though, and Cable News Network, Inc. owns an existing trademark registration for... View More
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answered on Oct 12, 2023
If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More
answered on Oct 14, 2023
If a mark was abandoned after registration it is generally due to failure to provide notice of continuance of use between the 5th and 6th year of registration. If a mark was abandoned prior to registration ti would be due to failure to answer an office action in a timely manner. A mark that is... View More
answered on Oct 18, 2023
A trademark that has been abandoned with the USPTO can include (1) applications that received an office action refusal but no timely response or (2) registrations for which the owner did not make a timely maintenance filing, such as a Section 9 renewal. Depending on your circumstances, there may be... View More
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answered on Oct 15, 2023
If a trademark is listed as "abandoned" on the United States Patent and Trademark Office (USPTO) database, it means that the USPTO believes the application or registration is no longer in pursuit or has lapsed due to certain reasons, such as failing to respond to an Office action or not... View More
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answered on Sep 28, 2023
This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.
answered on Sep 28, 2023
At this point, you would need to file a new application. When an application goes abandoned, the deadline to revive it is two months from the Notice of Abandonment. In this case, that deadline has passed, so you would need to refile a new application. If you do, you should carefully limit the... View More
I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More
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answered on Sep 11, 2023
Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More
If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More
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answered on Sep 4, 2023
Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More
I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.
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answered on Aug 15, 2023
Creating a LEGO video game involves potential copyright and intellectual property concerns. It's advisable to consult with a qualified attorney experienced in copyright and intellectual property law to assess whether your game would potentially infringe on LEGO's rights and whether you... View More
I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.
answered on Aug 8, 2023
LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More
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answered on Aug 6, 2023
To seek permission to use a trademarked phrase, you should try to identify the owner of the trademark and contact them directly. You can search the United States Patent and Trademark Office (USPTO) database or other relevant sources to find the trademark owner's contact information. If you are... View More
If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the... View More
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answered on Jul 28, 2023
If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be... View More
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