This product is likely to be found infringing of Marvel's copyrights as well as trademarks. The characters are all protected by copyright, and most of them are trademarks as well. Compiling several of them adds fuel to the fire and shows predatory intent which could subject you to punitive damages.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

Using Marvel characters on a poster and selling them without proper authorization could potentially infringe on Marvel's intellectual property rights, including their copyrights and trademarks. Even if the art style is different, using recognizable elements, quotes, and details from the Marvel... View More

For federal trademark registrations, the existence of a registration for a very similar mark used for similar services will result in a refusal from the USPTO, regardless of whether the prior registrant and the applicant are in different states.

As you note, the portion of the mark that is... View More

There are over 20 live registrations for the text mark AVEDA, some with design elements. If you have found a registration that has been cancelled, that does not necessarily mean that the mark is no longer in use by its owner.

You should consult a qualified trademark attorney to perform a... View More

Depends.

You need to consult with an attorney to understand your risks.

You need to hire an attorney to conduct a thorough research to be sure.

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answered on Oct 6, 2020

This is general legal information only and not legal advice. In general, once you pirate a movie, song, photograph, or other creative content, without a proper license, that becomes copyright infringement. You can be liable for that and copyright penalties can be stiff. Buying a licensed version... View More

A status of abandonment does not necessarily mean that a trademark is available for use. The owner or some other person may still be using the trademark and have common law rights against infringement. However, it may also depend on whether the new trademark will be used in the same or a related... View More

You are going to need to have permission from the copyright owner to make your derivative work. You may want to work through an attorney who could act as intermediary between you and the copyright owner to pitch your concept. The attorney would be in a good position to figure out with you the... View More

Your best avenue to a successful Federal trademark registration is to, first, schedule a knowledgeable trademark registration attorney, and, second, to retain that attorney or another such attorney to draft your application for you, utilizing information you provide not only regarding your current... View More

I don't understand the question.

If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under... View More

Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An... View More

Possibly so. An attorney would need to review the two trademarks to give a confident answer. The design, the description of goods and services, the t-shirt design, and how you plan to to sell the t-shirt could impact whether or not the trademark may be registered.

Hello. The difference between two words, or changing the verb tense, or other small changes makes no difference in the trademark context. The only relevant question is whether or not there is a reasonable likelihood of confusion in the relevant consumer. It's pretty safe to say that the... View More