When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.
Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of...View More
In general, using a common color like "blue" in a business application is not likely to be considered trademark infringement, especially if the overall design, layout, and branding are distinct. Trademark protection usually requires a specific combination of elements that create a unique...View More
So my point comes from that Sony Pictures Television owns the animated show "the critic" trademark, the show was created back in the mid 90s. I want to only hope that Sony keeps the trademark of the show. Its just a matter of do they have complete control of the trademark when its filed... View More
DRAGON TALES was registered for "entertainment services in the nature of an ongoing children's television series" in 2000 by Columbia Pictures Television and the registration is now owned by Sony Pictures Television. The registration was renewed in 2019 for another ten-year term,...View More
Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.
In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.
Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for...View More
If the LLC is already trademarked does that mean I cant start my LLC? The company that has that name looks like they've been inactive for sometime, or could I patent the name? Or does it not matter since its in a different state?
I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... View More
The application itself will cost $250-$350 for each "class" of goods and services that you file in. For example, if you offer candles for sale, and candle making classes under the trademark "Wickzy", you would likely want to file in both classes in the same application. Many...View More
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...View More
I don't own "EFY" but have been selling music and mp3's that I do own based on their summer camp. I had a verbal "okay" from them to run it the past few years, and they have often checked in to see how things were going. Now they are deciding to pull everything close... View More
You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in?...View More
The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are...View More
an almost identical brand logo with the same meaning, is there a way to co-exist? Can the 2nd company offer to pay an up front and/or annual trademark usage fee to the first company in order to selling similarly-branded products in the same category? If so, what is a customary fee to secure the... View More
Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market....View More
if a sound, like the one used for an ambulance is made from scratch, to be sold as a sound effect, but is not the exact same, would this infringe on copyrights if such a sound were copyrighted? and if it weren't copyrighted could this in anyway break the law?
I do not see a problem with respect to patents for having an ambulance sound. While there are patents with respect to sirens, most deal with detecting a siren or other sophisticated interactions. https://patents.google.com/?q=siren&oq=siren
Chances are that your process to create a...View More
Possibly. The respective goods or services need not be identical to one another, only sufficiently related such that consumers would be expected to encounter the respective goods or services under similar buying conditions.
Hey this is not silly. It depends. Not all title can be protected under trademark law. But like title of series of book can be registrable. Also if you would like to use it in other products/goods/services as well, it may be registrable. You have to look at the information you presented at the blog...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.