Lawyers, Answer Questions  & Get Points Log In
Illinois Trademark Questions & Answers
2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: Is it legal to repurpose designer bags for resale?

Would I be able to purchase an authentic designer bag, such as Louis Vuitton or Gucci, cut the bag into pieces (specifically the logo or designs) and then place them onto a different bag to resell? Would it still be illegal if I made sure to document that the new bag I’m selling has no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Repurposing designer bags for resale, especially involving the cutting and reusing of their logos or designs, treads into complex legal territory. This practice may infringe on the trademarks of the brands involved, such as Louis Vuitton or Gucci. Trademarks protect brand identifiers from... View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Can I use ghetto as an trademark

Because I'm trying to use it for an positive thing and wear

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More

1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Trademark for Illinois on
Q: Can I create an educational songwriting class that's called something like: Taylor Swift-inspired Hit Songwriting Class?

I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:

"Taylor Swift-influenced Hit Songwriting Class" (or)

"Taylor Swift-inspired Hit Songwriting Class"... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Illinois on
Q: Hi! Can I use this phrase on a t-shirt "tomorrow will be a great day with lots of sun"

Hi! Can I use this phrase on a t-shirt that I intend to sell online "Tomorrow will be a great day with lots of sun" if someone has already trademarked the phrase "Tomorrow will be a great day"?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2023

Using the phrase "Tomorrow will be a great day with lots of sun" on a t-shirt could potentially raise concerns if "Tomorrow will be a great day" is a trademarked phrase. In trademark law, the primary consideration is the likelihood of confusion among consumers. If your phrase is... View More

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Paypal, frozen account, due to a trademark issue, and the case looks fake, the judge didn’t even sign it, over Miffy ??

I’m speaking on behalf of a friend who lives overseas, advised that her PayPal account was frozen, due to this Miffy, doll, as a trademark, and the person who bought it was the actual lawyer, for proof, and now he wants her to pay $2000. And the judge is 85 years old and I noticed on the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

In situations like this, it's important to exercise caution as it could potentially be a scam, especially if the legal documents appear questionable. Authentic court orders will always be properly documented and signed by a judge. Your friend should verify the authenticity of the case by... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Illinois on
Q: New TM owner of NAME said stop all PRINTS of photos and publicity shots of that person. Raced from 20's to 40's. Do I?

Joe Petrali was a famous record-setting motorcycle racer. His best days were from the 1920's to 1940's. He was well photographed and was paid to race for Harley Dealerships and the Harley Factory. We received the family archive album of Harry Molenaar who was one of the better known... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

While the ownership of a trademark in a name can grant rights to prevent others from using that name in commerce in a way that might cause confusion, it does not grant an absolute right over all uses of that name or over the likeness of the individual. Photos taken and owned by another party,... View More

2 Answers | Asked in Trademark and Intellectual Property for Illinois on
Q: I need help on a case for trade marking, I need to see if it’s real or not or a scam
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

To verify the authenticity of a trademark case, you should first review the official correspondence.

All legitimate communication regarding trademarks should come directly from the United States Patent and Trademark Office (USPTO) or the law firm listed on the USPTO's website. Check...
View More

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Illinois on
Q: I was told my mark would be HIGHLY rejected due to being confused with a current mark.

WOW World of Wisdom vs mine WOW Wisdom on Wellness. Our logos look nothing alike but the confusion of how it looks....

They filed 2015 & I created my site in 2014. What are my options so we can co-exist? I plan on filing for 041 & 044 & they have the same class. Are there any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

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

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Is it legal to write a novel about a man that gets sucked into a real video game? Can I name the game in the book?

Can I use characters or the lore in the game to help tell my story?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 22, 2023

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.

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Is it legal to write a novel about a man that gets sucked into a real video game? Can I name the game in the book?

Can I use characters or the lore in the game to help tell my story?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

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

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Illinois on
Q: Owner of trademark serial 88010400. I’m the owner and would like to resume use of the trademark. What are my steps?

The trademark will be now online primarily. Owner currently resides in the state of Illinois

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

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

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Illinois on
Q: Owner of trademark serial 88010400. I’m the owner and would like to resume use of the trademark. What are my steps?

The trademark will be now online primarily. Owner currently resides in the state of Illinois

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

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

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Illinois on
Q: Owner of trademark serial 88010400. I’m the owner and would like to resume use of the trademark. What are my steps?

The trademark will be now online primarily. Owner currently resides in the state of Illinois

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 25, 2023

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

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Trademark Frisbee trademarksCase Title: 23-cv-2957Northern District Court IllinoisI am ebay hobby seller

I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:

Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Can I sell my own 3d model of Lego flowers? I was selling then with the name Lego in the title until Lego took it down.

I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

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

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Illinois on
Q: I want to own a fashion online brand. Is there any Iegal requirements I need to take ?

A reputable online fashion brand

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:

Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation....
View More

1 Answer | Asked in Trademark for Illinois on
Q: If a word is trademarked as a singular item, say "rain" is it considered infringement to use multiples such as "rainss"?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 16, 2023

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

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Illinois on
Q: Addition invention & Substitution invention
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2023

Under intellectual property law, "Addition invention" and "Substitution invention" are two types of inventions based on the concept of improvement or modification to existing inventions:

1. Addition Invention: An addition invention refers to an improvement or an...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

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

1 Answer | Asked in Trademark for Illinois on
Q: How can 2 lawyers from 2 law firms have "Lawyer Up" trademarked 9 years apart? Is it that one is state and one is broade
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 21, 2022

Trademarks are registered within classes of goods and services, and the same mark may be allowed to be registered in different classes if there is no likelihood of confusion.

LAWYER UP VIRGINIA (reg 6329342) is registered in Class 45 for attorney services. (The word VIRGINIA in this...
View 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.