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New York Trademark Questions & Answers
2 Answers | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... Read more »

Steve Charles Vondran
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Steve Charles Vondran PRO label
answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark for New York on
Q: If you have not received legal papers yet as a defendant in a case involving multiple defendants, what should you do?

I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 14, 2023

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... Read more »

1 Answer | Asked in Trademark for New York on
Q: Looking for info on how a city trademarks its slogan. Is there a legal process for this? Ie NYC- City that never sleeps
Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 13, 2023

Such commonly recognized slogans are challenging to register.

A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a...
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1 Answer | Asked in Trademark for New York on
Q: Can you tell me if my trademarks are legally recognized
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 13, 2023

What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... Read more »

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hi is there a way to continue with this trademark process?

I already started the trademark process but it was canceled 10 yrs ago.

I’ve since changed the logo but the name remains the same. Can I continue with what I started?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 1, 2023

If you had an application in progress to register the mark, and it was not completed, it cannot be revived.

Since you refer to both a "logo" and a "name", I infer that the mark had both a text component and a design component. It is possible to register just the text...
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2 Answers | Asked in Copyright and Trademark for New York on
Q: As a life coach I'd like to include a link to a published song I'd send my client post-session for inspiration.

Am I infringing on copyright permission/issues?

Gregory J. Tarone
Gregory J. Tarone
answered on Nov 9, 2022

This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... Read more »

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3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Benjamin Charles Korray
Benjamin Charles Korray
answered on Nov 4, 2022

If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for New York on
Q: I came up with a name Max Level Gear for a clothing/gaming accessory brand and I'm trying to verify I can use that name.

Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Oct 25, 2022

The slight difference in the marks is not significant, so either could claim infringement for use on similar goods, but the deciding factor in which one prevails over the other is which use was prior in time.

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1 Answer | Asked in Trademark for New York on
Q: If a trademark is live but has no date of publication - can I file for trademark under same class?

My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with... Read more »

Erik Špila
Erik Špila
answered on Oct 25, 2022

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Should I oppose a trademark or file for the same class with detailed description? Their description does not infringe

I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... Read more »

Erik Špila
Erik Špila
answered on Oct 24, 2022

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

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1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Both Netflix and Google have violated my USPTO registered TM. Are you able and willing to fight these behemoths?

I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... Read more »

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

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... Read more »

Erik Špila
Erik Špila
answered on Sep 8, 2022

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need...
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1 Answer | Asked in Trademark for New York on
Q: I have a startup and let the trademark name lapse and expire.

A big company is using a similar name recently that sounds the same but a different spelling. They’re in a different industry and I’m launching an app with the name. Is that going to be a problem?

Erik Špila
Erik Špila
answered on Sep 2, 2022

Dear Mr or Mrs,

this situation can be approached in several different ways, however I would need to know the differences between marks/names/segments first, to answer you. Sometimes you may think there is a difference in an indrustries of trademark owner and the other party but the reality...
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2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... Read more »

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2 Answers | Asked in Trademark for New York on
Q: I need to correct information regarding my trademark on Justia. How do I do it?

My entity's name has been changed, as well as original owners address. Also this trademark has been fully reinstated after appeal. I am referring ONLY to JUSTIA site. On USPTO it is already correct.

https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=90071896

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jul 29, 2022

If you are referring to an active federal trademark registration, these changes can be made by updating the registration at the USPTO. Consult a qualified trademark attorney to assist you with this simple task.

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 21, 2022

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hello Lawyers. I have a question. Can someone copyright something if it looks like it a little?

Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jun 18, 2022

The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)

If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar...
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2 Answers | Asked in Trademark for New York on
Q: Trademark??

Let's say time and money is of the essence.Would it make sense to start the trademark proceeding by going to a 50 dollar online company just to secure the name on the tess uspto site first before the other party does and then get a proper attorney when I am better prepared to afford one?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 17, 2022

It is MUCH better and usually a lot less expensive in the long run to do everything correctly from the beginning rather than trying to fix problems afterwards. Certain mistakes in trademark applications can never be fixed and some errors can be used by unscrupulous competitors to try to challenge... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Trademark attorney or online?

What are the advantages and disadvantages of acquiring a trademark name going through an attorney versus going to one of those 50 dollar online companies?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 15, 2022

About the same as hiring an experienced doctor vs paying $50 to a random quack. You may want to read this article about the potential negative consequences of trying to register a trademark on the cheap:... Read more »

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