If the United States Patent and Trademark Office (USPTO) or a court finds that your mark is likely to cause confusion with an existing mark, then your application for trademark registration will likely be denied, and you may be at risk for infringement claims. However, if you can demonstrate that...View More
Use of the game's name is permitted as "nominative fair use" when referring to it, and it is also fair use of the game's characters and story line as commentary or parody. The essential point is that you are not creating another game to compete with it.
Using the name, characters, or lore of a real video game in your novel would likely constitute copyright and possibly trademark infringement under California and federal law, unless you obtain permission from the rights holder. The game's elements are protected intellectual property, and using...View More
The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been...View More
To resume use of your trademark (serial 88010400), you should begin using it in commerce again for the goods or services covered by the registration. Additionally, you may need to file an affidavit or declaration of continued use with the United States Patent and Trademark Office (USPTO) to...View More
If there has been a period of non-use, it is essential to provide proof of the resumed use to the United States Patent and Trademark Office (USPTO) through a declaration of continued use or an amendment to the registration. Additionally, you should ensure that your online usage complies with...View More
While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be...View More
Yes. If a text component of a registered mark is in the singular form, it is infringed by use of the plural. The issue is whether the mark is "confusingly similar" to another mark, and mere pluralization of a text component in a mark is considered too similar for registration....View More
Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer...View More
These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... View More
If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would...View More
Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... View More
My paypal account got suspended, due to a court order below and I never receive any email from the law firm before. Also the claim is strange, I never use or produce any of those company products. As my company is base in Hong Kong how can I defense myself from this law suit?
Hello, and I'm sorry to hear that you have been sued. Unfortunately, a lawsuit in the US District Court is a very serious matter. There are lots of issues that you need to explore, and at minimum, you will need to respond to the Complaint (usually by filing an answer or motion to dismiss)...View More
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