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
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
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.
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
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
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
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
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
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
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...View More
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...View More
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?
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.
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?
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
A local trademark lawyer can advise based on the specifics.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...View More
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