Ask a Question

Get free answers to your Trademark legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Wisconsin Trademark Questions & Answers
1 Answer | Asked in Consumer Law, Intellectual Property and Trademark for Wisconsin on
Q: internet law, trademark law and intellectual property law. Can you help for me?

I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024

If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Wisconsin on
Q: Can I make and sell something that says Dirty Hands Clean Money, or is that illegal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

Under California law, the phrase "Dirty Hands Clean Money" is not inherently illegal. However, whether you can make and sell products with this phrase depends on the specific context and use. If the phrase is used in a way that implies illegal or unethical activities, it could potentially... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Wisconsin on
Q: I would like to develop a product for Spirit airline only using their logo/trademark. Do I need written permission?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024

Using Spirit Airlines' logo or trademark to develop a product would generally require written permission from Spirit Airlines, as their logo and trademark are protected intellectual property. Using these without proper authorization could potentially lead to trademark infringement issues.... View More

View More Answers

1 Answer | Asked in Trademark and Intellectual Property for Wisconsin on
Q: If a character name is trademarked for books, film and TV, but the game trademark has been abandoned, can I register it?

Here's the exact scenario, but with the character name changed. For example, the character name Matlock is currently trademarked for usage in books, films, and TV by a major media company (plus a number of other trademarks around clothes, notebooks, etc).

They also had the computer... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

When considering registering a trademark for a character name that's already in use in other mediums, it's important to recognize the complexities involved. Even if the trademark for the game version of the character name is abandoned, the character itself might still be protected under... View More

3 Answers | Asked in Intellectual Property and Trademark for Wisconsin on
Q: Can you claim you were formerly an entity if you don’t own the name?

My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More

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

Using a phrase like "Formerly [the other company]" when you do not have rights to the name can be legally risky, especially if the other entity has retained the legal rights to the name. Such usage might be seen as trading on the reputation of the former company or misleading consumers,... View More

View More Answers

3 Answers | Asked in Intellectual Property and Trademark for Wisconsin on
Q: Can you claim you were formerly an entity if you don’t own the name?

My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Oct 9, 2023

The question seems to revolve around trademark rights rather than copyright. To provide a more precise answer, it's crucial to have a clear understanding of the specific name you are attempting to claim and the details of the registered trademark that is raising concerns. Additionally,... View More

View More Answers

3 Answers | Asked in Intellectual Property and Trademark for Wisconsin on
Q: Can you claim you were formerly an entity if you don’t own the name?

My question is in regards to advertising. The opposite entity has retained the legal copyright to the former business name. I as the new company want to advertise myself as “Formerly the other company” but the opposing party is claiming I can’t use their name in any way. Would I be liable if... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023

This is a trademark question, not copyright. It is certainly permissible to state that you were formerly known by another name (trademark) if it is factually true. It is not objectionable that you distinguish the prior use, because that avoids the likelihood of confusion. Promoting confusion is the... View More

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Wisconsin on
Q: I am wondering if I can sell art that incorporates the name "Peep" and a very small fraction of a peep's shape.

The art says "Peep-a-Boo" and shows just the ears at the bottom of the image indicating it's about to come up or is hiding. I have another one that shows just the middle of a peep's face (two eyes but no ears or body) hiding in a cracked egg. Finally, I have one that shows a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

It is difficult to determine whether the use of "Peep" and a small fraction of a Peep's shape in your artwork would be considered a parody without more information about the context and purpose of your artwork. However, even if your artwork is intended as a parody, it is possible... View More

1 Answer | Asked in Products Liability, Small Claims, Intellectual Property and Trademark for Wisconsin on
Q: Can a distributor ship products of another brand who has permission to use a 3rd companies logo on the product w theirs

I as a distributor of tea products place a brand customer's custom logo on the product and ship to their customer when they have orders. If one of these brands also has us place another 3rd parties logo (a 501c charity they raise money for) on the product am I at risk of any legal liability... View More

Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Those third party logos are someone's intellectual property, and I would advise you to obtain some kind of proof from your customer that these third party logos are allowed/licensed to be used in the particular product.

1 Answer | Asked in Trademark for Wisconsin on
Q: Using a rif of a phrase that is trademarked?

"A tradition unlike any other" is trademarked. My company wants to release a seasoning that would say "A seasoning unlike any other". Would this break copyright law

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2022

Augusta National's registration is for use of the mark "A tradition unlike any other" on wall plaques (in International Class 020) and clothing (in International Class 025).

Your proposed use of the mark "A seasoning unlike any other" for seasoning (in...
View More

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Wisconsin on
Q: Is the Audubon Bird images in public domain?
Kathryn Perales
Kathryn Perales
answered on Aug 31, 2020

The original paintings by John James Audubon are old enough that they are in the public domain. Any other photos or paintings or drawings, however, which may be available through the Audubon Society, may not be in the public domain.

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: If I were to use the words snoop dogg on a tshirt in reference to a plain dog theme, is that a violation of a IP?

can i send the example of the t shirt for reference? dog theme is purely general, no negative/positive undertones,

Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2020

The issue here may not be one of trademark but rather the right of publicity. Snoop is a celebrity whose name, image and likeness have monetary value. If someone else uses that for monetary gain they could be liable. Feel free to email me at tania.williams@williamsfirmpa.com for a consult so... View More

1 Answer | Asked in Trademark for Wisconsin on
Q: I cant tell if someone has a shape trademarked or not

Im wanting to use a skyline view but the view i want to use has the Miller sign in it. I looked and they have a design trademarked but not the sign or skyline. The trademark says that it contains specific words, i think since we are just using the outline with no words we should be ok?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 18, 2020

Hard to understand what you are trying to accomplish.

If you make a design of a skyline, you could file for trademark protection, if it meets all the requirements.

Consult with an attorney so we can provide better guidance.

1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: How would I go about trade marking Build A Blunt?
Benton R Patterson III
Benton R Patterson III
answered on Jul 20, 2018

You should speak with a trademark attorney in a confidential conversation. It may be possible. An attorney would need to know more about your business.

1 Answer | Asked in Trademark for Wisconsin on
Q: I've since found out my audio group's online name is trademarked by a theatre company in the UK. I'm in the US (WI).

They call themselves "Foolsgold Theatre Company" and are (from what I understand) a stage theatre brand, while we call ourselves "Fools Gold Theatre Productions" and are strictly online creating audio. They've contacted me asking me to stop using it because they've... View More

Michael Gerity
Michael Gerity
answered on Aug 9, 2017

It would appear that the threshold issue here is whether or not they do business under that name in the United States (or whether you do business with yours in the UK). Trademark rights are geographical in nature. While the geographical nature has eroded somewhat due to the international nature... View More

1 Answer | Asked in Trademark for Wisconsin on
Q: So is it legal to make a sign that says DRINK WISCONSIN SENSIBLY or is it trademarked
Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

Talk to a local trademark lawyer, who can investigate and advise.

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...
View More

1 Answer | Asked in Trademark for Wisconsin on
Q: The phrase "drinking for three" is trademarked. Can I use "Drinking for 3" in its place?
Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

More information is needed to answer. This type of question has to be answered based on the specific facts involved (product, geography, usage by others, etc.). Generally speaking, if it's for the same type of product/service, then it could be problematic. Talk to a local trademark lawyer, who... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.