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New York Trademark Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 1, 2024

"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More

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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

Sarah Teresa Haddad
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answered on Oct 13, 2024

If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.

The Cease-and-Desist...
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3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:

Right of Publicity:

Public figures like former presidents have a right of publicity,...
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3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:

1. **Public Figures and First Amendment Rights**: In the U.S., using images of public...
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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In...
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2 Answers | Asked in Trademark for New York on
Q: How do I legally use an already trademarked character?

I'm Looking to use a Disney character. Rather a warner brother character for a piece in my clothing line

James L. Arrasmith
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answered on Apr 8, 2024

To legally use a trademarked character, such as a Disney or Warner Bros. character, you typically need to obtain permission from the company that owns the intellectual property rights. This usually involves securing a licensing agreement. Here are some steps you can take:

1. Identify the...
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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information provided, it appears that your trademark was abandoned due to a failure to respond or a late response to an office action or other communication from the USPTO. Once a trademark is considered abandoned, the application process is terminated, and the mark is no longer... View More

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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

Micah  Gonzalez
Micah Gonzalez
answered on Apr 5, 2024

Good afternoon,

It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

James L. Arrasmith
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answered on Mar 26, 2024

When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More

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2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.

To determine if you...
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2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
James L. Arrasmith
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answered on Mar 3, 2024

Using a name that is already trademarked in one category for a new company in a different category, such as from entertainment/toys to tech, might be possible, but it depends on several factors. Trademarks are generally sector-specific, meaning that protection typically extends only to the same or... View More

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1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

James L. Arrasmith
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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
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answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

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1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
Sean Liam Kelleher
Sean Liam Kelleher
answered on Jan 4, 2024

If you are interested in this name for your company you should contact a Firm specializing in trademarks and Intellectual Property. Whether or not "Long Island Honey Company" is registered is not the end of the inquiry.

A Registered Patent Attorney or specialized trademark...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
James L. Arrasmith
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answered on Dec 7, 2023

To determine if "Long Island Honey Company" is trademarked, you would need to search the United States Patent and Trademark Office (USPTO) database. This can be done through the Trademark Status and Document Retrieval (TSDR) system available on the USPTO website. You can search by the... View More

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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

Adam W. Bell
Adam W. Bell
answered on Nov 24, 2023

Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by

River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

James L. Arrasmith
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answered on Nov 24, 2023

For a journalist seeking a quick chat with a patent attorney regarding the attempt to trademark the phrase "From the River to the Sea," it's important to note a few key points.

Firstly, trademark law primarily concerns itself with the use of specific phrases, symbols, or...
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