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South Carolina Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

James L. Arrasmith
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answered on Jan 13, 2024

To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Can a company use a logo I made for them however they choose without my permission?

I created a logo for a small business and we did not sign any documents stating that he could use that logo anywhere or to create products. It was agreed that if he needed any products like cards or advertising materials or uniforms that he would order them through me. We did do that on a couple... View More

James L. Arrasmith
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answered on Aug 29, 2023

Under California law, the absence of a written agreement typically means that the creator of the logo retains the copyright, notwithstanding its use by the company for specific, agreed-upon purposes. Since there was an oral agreement that the company would order products like business cards and... View More

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1 Answer | Asked in Trademark, Business Law and Intellectual Property for South Carolina on
Q: I own salt life cleaning llc and received notice from salt life llc (clothing) that I was trademark infringement

My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 15, 2023

As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.

2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
David Aldrich
David Aldrich
answered on Aug 2, 2023

Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
James L. Arrasmith
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answered on Aug 6, 2023

It would be prudent to retain legal representation in this matter, as a trademark infringement lawsuit can be complex and requires a deep understanding of intellectual property law. An attorney can analyze the specific claims made against you and develop a strategy to defend your rights. Should you... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for South Carolina on
Q: Can I name my online vintage clothing store “Jean Genie Vintage” after David Bowie’s song?

I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).

I’m wanting to get an LLC to protect my business. But I don’t want... View More

James L. Arrasmith
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answered on Jul 11, 2023

The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More

1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: How do you dispute this trademark its a former member of the car club trying to steal the logo
Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

An intellectual property attorney could advise best, but your question remains open for three weeks. Some questions here go unanswered, but you could try reposting and adding the headings - Trademarks, Intellectual Property. You'd have better chances of a response. Good luck

1 Answer | Asked in Trademark and Intellectual Property for South Carolina on
Q: I am making an NFT CALLED AETHERIA will that be am issue since the word is trademarked?
James L. Arrasmith
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answered on May 22, 2023

Using the term "Aetheria" for your NFT may potentially raise trademark concerns if the word is already trademarked by another entity. Trademark protection extends to various industries and categories, so it is important to conduct a comprehensive search to ensure there are no conflicting... View More

1 Answer | Asked in Trademark for South Carolina on
Q: Trademark I file for a trademark need to speak to someone about my rights/
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 20, 2022

Consult an experienced trademark attorney

2 Answers | Asked in Trademark for South Carolina on
Q: BETALOE -Serial Number76294427 is a dietary supplement. Can I use the same name for a topical cream?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 2, 2022

BETALOE is a registered trademark of Hsin Ten Enterprise USA, Inc. for dietary supplements (in International Class 005). Topical analgesic creams and herbal topical creams are also in International Class 5.

Use of the BETALOE mark for a topical cream would be infringing, as likely to cause...
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1 Answer | Asked in Trademark for South Carolina on
Q: bought trademark NATALAC ,in 2014 & it cancelled cuz they say it was no proof of me rappin & trucking? wtf thats a lie!

everything about my life has been easily available for 25 yrs.. by searching in any search engine Natalac (rapper)

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 20, 2021

You need to submit proof of use in a regular basis and pay a maintenance fee.

If you did not do it, your registration expires.

2 Answers | Asked in Trademark for South Carolina on
Q: Would I be able to legally make my slogan We went to Jared?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 7, 2021

Probably not

If it is already used by somebody else or it is very close to somebody's else slogan you should stay away from it.

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3 Answers | Asked in Intellectual Property and Trademark for South Carolina on
Q: Question on International Classes as listed in the USPTO can there be more than one per class?

My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.

We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... View More

Timothy John Billick
Timothy John Billick
answered on Dec 29, 2020

It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.

That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
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1 Answer | Asked in Trademark for South Carolina on
Q: If a person has a trademark on a phrase.. can nay part of the be used by another if things are added or omitted?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 25, 2019

depends on how much the message of the phrase changes.

keep exploring

www.legalbizglobal.com

marcos.e.garciaacosta@gmail.com

1 Answer | Asked in Copyright, Intellectual Property, Mergers & Acquisitions and Trademark for South Carolina on
Q: I need to find out what the process is to buy a few trademarks from C&S wholesale.

That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.

1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on
Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: can I use part of a trade marked name in my website name?

Wellco Corp issued me a cease and desist letter for my WellCoSeniorbenefit.com website. Can they do that?

John Espinosa
John Espinosa
answered on May 28, 2018

Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.

1 Answer | Asked in Trademark and Copyright for South Carolina on
Q: I teach Design at a public school. Students and I produce a lot of work. Can I apply for trademark/copyright for program

I teach Graphic Design. Students and I create/take pictures for school, district and community. I would like to get the students credit for their work. Can I apply for a trademark or copyright that represents the entire program?

Will Blackton
Will Blackton
answered on Jan 27, 2017

For graphic design work, your best bet is to apply for copyright protection under the visual arts category. The application process may be a bit intimidating the first time, but only costs $55 for a standard electronic application. One application can cover thousands of works of UNPUBLISHED work... View More

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