The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... Read more »
This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.
You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a...Read more »
The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.
A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or...Read more »
Good afternoon. I have a new website which only airbnb hosts/owners can join. Am I legally allowed to say that on my website? In other words can I mention something like " Welcome to.... Remember - If you are not an Airbnb host, you cannot join"
Founder/President was impeached for misappropriation of funds and possible fraud. Sorority registered in Georgia. The Sorority name is trademarked. How can we continue use the name and register the sorority in Florida with a different EIN.
Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.
Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you...Read more »
A foreigner may file for a US trademark but they must use a US attorney to do so. The legal fees are going to vary by attorney, and the federal filing fees will depend on how many marks are filed and in how many classes.
A trademark may be considered confusingly similar to another trademark (and possibly infringing) if both marks are used in the same or similar goods or services. Consult with a trademark attorney to assist you.
This is general legal information only and not legal advice. In general, once you pirate a movie, song, photograph, or other creative content, without a proper license, that becomes copyright infringement. You can be liable for that and copyright penalties can be stiff. Buying a licensed version...Read more »
You need to avoid all potential areas of "likelihood of confusion" in trademark law. This is a highly fact-intensive inquiry based on a number of factors. Different federal jurisdictions have slightly different tests for likelihood of confusion. For example, the Ninth Circuit Court of...Read more »
So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?
I'm a little unclear as to what you're intending to do ...
If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,...Read more »
Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.
It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal...Read more »
You raise a ton of issues here, but I'll address a couple. Copyright protection attaches to the creation of new characters and in some cases new "races" or "species," but generally does not protect common well-known elements (aka scene-a-faire doctrine in copyright law)....Read more »
I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.
You should consult a trademark attorney to see if the mark is in fact "suspended," and if so, for what reason(s) is the mark suspended. There can be a number of reasons why this could be the case, some would enable you to refile for the same mark, and others not so much.
Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in...Read more »
Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark...Read more »
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