Trademark Questions & Answers by State

Trademark Questions & Answers

Q: Fat Albert is Trademarked for the image in use with clothing. Can I sell Health products using the name without issue?

1 Answer | Asked in Copyright and Trademark for California on
Answered on Oct 17, 2017

Well you may not have issue of likelihood of confusion. But you may have issue that the mark is not a registerable term for the goods.
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Q: What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Answered on Oct 16, 2017

You could potentially be liable for trade dress infringement, which is very similar to what you are describing.
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Q: Hi, when it comes to making t-shirts and related products with words, how does that work for copyright/trademark?

1 Answer | Asked in Copyright and Trademark on
Answered on Oct 16, 2017

You can trademark words in specific color or shape. However the words should be trademarkable first.
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Q: Do I need to trademark by DBA name?

1 Answer | Asked in Trademark for Texas on
Answered on Oct 13, 2017

Texas law does not require you to register a DBA as a trademark. Developing trademarks for your business can help add value by preventing others from imitating your business. A registered trademark is a business asset you can use as collateral or license to others for a fee. Having a trademark registration can also help you prevent counterfeits. Even if your DBA does not meet the requirements for a trademark, there may be other words or symbols that you can register as a trademark. I...
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Q: This sounds like a silly question, but can I have a trademarked name in the title of my blog? (redstartbursts.blogspot)

2 Answers | Asked in Trademark for Utah on
Answered on Oct 13, 2017

Hey this is not silly. It depends. Not all title can be protected under trademark law. But like title of series of book can be registrable. Also if you would like to use it in other products/goods/services as well, it may be registrable. You have to look at the information you presented at the blog as well. Plus, you need to consider whether it is worthy. If you have more questions, please feel free to call my office 708/531-1740.
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Q: Can we trademark NoMore and be put on shirts even though a organization is called NOMORE and sells clothing?

1 Answer | Asked in Trademark for Minnesota on
Answered on Oct 11, 2017

You may be able to register the trademark "NoMore" for clothing. It depends on how the other organization uses "NOMORE", whether it is registered as a trademark, and the goods associated with the hypothetical trademark registration. A trademark attorney can perform a trademark search and determine whether you can register a trademark for "NoMore" for clothing. A single word or phrase is not protected by copyright law.
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Q: Is it illegal to reference celebrity names/pictures/information in a mobile app

1 Answer | Asked in Copyright and Trademark for California on
Answered on Oct 10, 2017

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More details on your case are necessary for a better analysis and conclusion. Feel free to contact us so we can get more details on what exactly you're trying to do, and to see if there are any exceptions that...
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Q: Which is better to copyright or trademark?

1 Answer | Asked in Copyright and Trademark for Nebraska on
Answered on Oct 10, 2017

Hello. Copyright and trademark are completely different types of protection for different types of intellectual property. A copyright is intended to protect forms of creative expression. We typically think of movies, books, songs, pictures and things like that, though copyrights are also used for computer programs and other forms of expression. Meanwhile, trademarks are used to protect words, phrases, logos, etc., specifically as they are used in the commercial offering of products and...
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Q: Can you trademark a generic search term? A competitor is claiming they own it and i cannot use it on my site.

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Oct 10, 2017

The disclaimer on the USPTO for their Trademark states:

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN

So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours" aren't part of the claim. You can use WINE TOURS OF LONG ISLAND for instance and they probably wouldn't have a good claim against you even though you are using the exact same words just phrased differently and adding the word "of" may make...
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Q: trade mark question

1 Answer | Asked in Copyright and Trademark for Delaware on
Answered on Oct 9, 2017

More details would be necessary to best answer your question.
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Q: is this trademark valid in the US, Lazy Bear Brewery

1 Answer | Asked in Trademark for Louisiana on
Answered on Oct 9, 2017

It looks like "Lazy Bear Brewing Company" which is a similar trademark was issued in the U.S.

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:za883w.2.1
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Q: am I allowed to create a tech website with the name Windows in it?

1 Answer | Asked in Trademark on
Answered on Oct 9, 2017

Trademark rights are used to prevent others from using a confusingly similar mark. By looking at your site, I would say that a reasonable person might be confused as to the the origin of the site, and because others might be confused and think that this is site from Microsoft, I would stay away from using the word windows in your site and name. You other option would be to perhaps seek a license or authorization from Microsoft if you are really set on the name.
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Q: HI, I sent an image to a 'fit finder' group, which has since been taken by various news agencies and used in articles.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark on
Answered on Oct 9, 2017

It depends on the agreement you had with them. Was there a standard agreement for anyone sending them images? did you specify when sending the image that only they could use it? More details on this are needed to better answer your question but I would start by looking at their standard agreement and the message you sent.

As always, remember the disclaimers below!
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Q: are t-shirts like this https://goo.gl/fwCySD affected by the trademark with serial no 87487847?

1 Answer | Asked in Trademark for New York on
Answered on Oct 9, 2017

Most likely yes. But more details would be needed for a better analysis and conclusion.
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Q: i own an ecommerce store called "astronomr"

1 Answer | Asked in Trademark on
Answered on Oct 9, 2017

Possibly so. An attorney would need to review all the facts to be able to determine if your website infringes on the trademark. These facts would include things like the trademark registration, your products, the magazine content, and the first use of the trademark by both parties.
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Q: Can I use names like Beaty and the Beast or other Disney movies names in titles for selling products like ribbons?

1 Answer | Asked in Trademark for California on
Answered on Oct 6, 2017

A quick Trademark search for Beauty and the Beast on the USPTO website shows that a few companies have registered trademark rights for variations of the title. In addition to trademark issues, you would also be dealing with copyright issues in this case. Trademark laws prohibit engaging in unfair competition by diluting or copying another’s trademarks, and U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of...
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Q: Can I use words like "remix" and "original" on a t-shirts if they are registered here: Serial Number 87317107.

1 Answer | Asked in Copyright, Intellectual Property, Patents and Trademark for California on
Answered on Oct 5, 2017

A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".

I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.

If you have any other questions regarding this trademark, feel free to contact us at:

http://kgulick.com
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Q: If I want to name a website NYUparties.com for students at NYU, am I allowed to use that name? If I don't use the logo?

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Oct 5, 2017

Prima facie, (mis)using the name likeness to "NYU" may come on radar and invite legal action against you for usage of

their name without permission. As this site will be meant for students of the NYU and be used in conjunctions with official NYU site, may create confusion among users. You may seek permission for usage of identical name prior to launch of your site. Consult Attorney for specific advice.
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Q: we're a brewery. if someone else trademarked our Company name, could they force us to pay them or stop using it?

2 Answers | Asked in Copyright and Trademark for New Jersey on
Answered on Oct 2, 2017

Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get a lawyer if you think you may have a problem.
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Q: I'm want to sell a certain product, but apparently it's trademarked here under no 5024494.

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Sep 28, 2017

The first thing that you need to keep in mind is that a trademark serves to protect ONLY a name, logo, phrase, color, shape, etc., as it is used in conjunction with the offering of a product and/or service. Trademarks don't protect ideas or inventions or the actual products, only the marks used in offering them. There are certainly other kinds of intellectual property protection that can protect actual products (patents, most notably), but that's not the function of trademarks. So, unless...
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