Get free answers to your Trademark legal questions from lawyers in your area.
Your current state is Ohio
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
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... View More
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... View More
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... View More
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... View More
I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?
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
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
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
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... View More
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.
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... View More
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.
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
I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.
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
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... View More
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
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... View More
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…
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
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…
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... View More
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
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.... View More
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
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.... View More
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
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... View More
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
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.... View More
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
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... 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.