Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2025

If you're not in the United States yet, there is no trademark conflict. But if you're planning to enter the United States, you have a problem for which you need legal advice based on a candid and detailed set of information that you can't provide here. Entering the United States with... View More

If your trademark is approved, it can give you strong rights to control the use of your artist name in connection with music and entertainment. You may be able to claim the name on platforms like Spotify and Apple Music, especially if others using it haven’t established consistent or commercial... View More

Although you can be sued at any time by anybody for any reason or no reason at all, Japanese companies tend to be less litigious on derivative works in general as opposed to American animation companies. The best you can do is reduce the likelihood that they will pursue action.

The key is... View More

If your name is a lesser included word in the same category as an existing mark, then that mark is generally not available. If the existing mark is for something unrelated to your clothing line, such as children's toys, then there is not likely to be any conflict.

For example, the... View More

Patrick A. Twisdale Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2025

If you're designing a logo for your professional nursing business, there are a few legal considerations to be aware of, especially depending on whether your business is accredited or subject to oversight by a licensing board in your state. Symbols like the Red Cross emblem (a red cross on a... View More

You can check the current status of your trademark registration directly on the USPTO’s official database by visiting:

https://tsdr.uspto.gov/#caseNumber=97178378&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch.

To determine whether a petition... View More

In order to register a trademark with the US an application must be filed with the USPTO. You can file an in-use or intent-to-use application. The recommended first step is to work with a trademark attorney to conduct a quick search to see if similar marks are already registered. Once the mark is... View More

It is always smart to trademark your business name in order to protect your brand identity and to ensure no one else can use or infringe on your business name and brand you are building. You can file a trademark with the USPTO and it is always smart to consult a trademark attorney to guide you... View More

A Trademark in the US must be renewed between the 5th and 6th year of registration by filing a Section 8 renewal. The mark must also be renewed on the 10th anniversary by filing a Section 8 & 9 with the USPTO. Thereafter, you must renew your mark every 10 years. Failure to file a timely renewal... View More

In order to claim rights to a prior trademark you must file a trademark application with the USPTO. If the mark is abandoned and it cannot be renewed or revived then you can file a trademark application for the same or similar mark in the same class of services. I recommend using a Trademark... View More

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:

Trademark Issues:

Caitlin Clark's name may be protected as a... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:

1. Geographic terms in trademarks: The use of geographic terms... View More

A parody can be a fair use under the Copyright Act, meaning the creator of the parody does not need the permission of the owner of the copyright in the earlier work. The fair use doctrine also allows for the use of a trademark in a parody if it is used for commentary, criticism, new reporting,... View More

Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture... View More

The U.S. Supreme Court redefined the parody exception to trademark law in 2023. In the case of Jack Daniel's v. VIP Products, the court held that trademark parody exceptions only apply to "noncommercial" products. Therefore, it is now much easier for famous trademark owners to sue... View More

Whenever anybody asks me, "Can I be sued?" my answer is, "Hey, this is America! You can always be sued." The right question is, "What risk am I taking?" Would the furniture company want to sue? If what you are doing is proper, the furniture company can still sue you.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2024

Using a company's name in the title of a parody work could potentially lead to legal issues, even with a disclaimer. Here are a few key considerations:

1. Trademark infringement: If the famous furniture company has a registered trademark, they may claim that using their name in your... View More