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3 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Does It infringe to use the word "dummies" - internationally recognised - but preceded by other languages' preposition?

The "for dummies" phrase is registrered, for editorial purposes.

But it also became a common language espression, internationally known in many languages, so fare.

What about using the preposition in other languages (i.e. : "pour dummies" in french)? Using it in... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Using "for Dummies" with Foreign Prepositions

The phrase "for Dummies" is a registered trademark owned by John Wiley & Sons, Inc., and is widely recognized for its series of instructional books. Using this phrase, even with a foreign preposition, could potentially...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:

Trademark Issues:

Caitlin Clark's name may be protected as a...
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2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results provided and the information in your query, here's an analysis regarding using "Warhorse" for your new company or "Warhorse Production":

Existing Usage:

The search results mention "The War Horse" and "The WarHorse...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:

Copyright and Trademark Issues

Copyright:

Evangelion characters and logos are protected by copyright. This means that any...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Delaware on
Q: I want to use NFL replica mini helmets to make phone charging stations, is that allowed?

I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?

Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: If a trademarked logo that is marked as " Dead" in the USPTO, can I now use that trademark? It was abandoned in Feb,2021
Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More

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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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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation:

Trademark Application Status:

Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More

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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I'm looking at the Soul Train trademark details. Is it possible to TM that name now? Cancellation is pending.

I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.

James L. Arrasmith
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answered on Jul 2, 2024

To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: What is the total cost of registering the brand name in usa by Pakistani individual.
James L. Arrasmith
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answered on Jul 2, 2024

To provide an accurate answer, I'll need to break this down into steps and consider various factors. Here's an overview of the costs involved for a Pakistani individual registering a trademark in the USA:

1. USPTO Filing Fees:

- TEAS Standard filing: $350 per class of...
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1 Answer | Asked in Intellectual Property, Trademark and Antitrust on
Q: Resellers of large brand new sealed products through lg online platform. Brand send C&D and threatened legal action.

We are small resellers of brand new sealed technology products on a large online platform backed by a full return policy. The brand just started peppering us with C&D letters. We have asked to be approved as authorized resellers but they are not entertaining the notion and don't provide a... View More

James L. Arrasmith
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answered on Jul 2, 2024

This situation touches on complex areas of law, including trademark law, the first sale doctrine, and antitrust considerations. Here's an overview of the key issues:

1. First Sale Doctrine: In the US, the first sale doctrine generally allows resale of genuine, lawfully acquired...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Tennessee on
Q: If someone is using the word Steelers in a new “business” adventure because he loves the Steelers can he be shut down?

Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Using the word "Steelers" in a business name, such as "Steelers Auto Detailing," and incorporating black and yellow colors, raises several legal concerns, particularly related to trademark infringement and the right of publicity. Here's an analysis based on the provided... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Tennessee on
Q: If someone is using the word Steelers in a new “business” adventure because he loves the Steelers can he be shut down?

Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

To answer this question, we need to consider trademark law and how it applies to this situation. Here's a breakdown of the key points:

1. Trademark protection: The term "Steelers" is likely a registered trademark of the Pittsburgh Steelers NFL team. Sports teams vigorously...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Could we get sued by Konami for using a Yu-Gi-Oh card in a music video?

I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, using a Yu-Gi-Oh card in your music video could potentially lead to legal issues with Konami. Here's an analysis of the situation:

Copyright and Trademark Concerns:

Yu-Gi-Oh cards are protected by copyright and trademark laws owned by Konami....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Could we get sued by Konami for using a Yu-Gi-Oh card in a music video?

I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

To answer this question, we need to consider a few factors:

1. Fair Use: In some cases, brief use of copyrighted material can be considered "fair use," especially if it's incidental and not the main focus of the work. A 2-second shot might fall under this category.

2....
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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Looking for assistance from a trademark lawyer to answer my office actions.

I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).

Now I have a few questions from the Trademark office to respond to (office actions)... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:

1. Geographic terms in trademarks: The use of geographic terms...
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal considerations to address:

Copyright ownership:

Your husband, as the creator of the logo, automatically owns the copyright to his work unless there was a written agreement transferring those rights....
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This situation involves several complex legal issues. Let's break it down:

1. Copyright ownership:

Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was...
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