Questions tagged [trademark]

A trademark is a sign, logo or design of some kind that distinguishes a particular product or service (or its provider or source) from others.

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Trademarking Public Domain Material

I have a question about a public domain self-help book that has lapsed copyrights in the USA and has been in the public domain for a few decades. The organization is still in operation and they ...
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What is the purpose of the protocol to the madrid system? [closed]

As the question arises in the title: What is the purpose of this protocol and, especially, what are the benefits over the Madrid system? What is the need for this protocol?
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Using a Trademarked name on my company slogan phrase

Can A new business use a trademarked Company name in its business slogan phrase? For example: "Stripe" is a trademarked name for a payment gateway company. Suppose a new business wants to ...
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Can recursive acronyms for projects consist trademark brands?

Example of known recursive acronyms: GNU - GNU's Not Unix Linux - Linux Is Not Unix Can you use similar approach by including into your project name the letters from major registered trademark ...
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Can I rebrand my own car?

I know full well that rebranding goods for sale without an agreement with trademark owners is illegal. But what about goods I own? Can I for instance remove a logo from my car and put on a different ...
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Same name, same class, totally different products

Let's assume the following situation: A company X produces devices used in some niche industry. It has a US trademark Z registered in IC9 category (class 9). A company Y creates and sells a software ...
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Where to look for copyrighted names?

We (me and my team) are working on a (software) project and are trying to pick a name for the group/team. We have settled on "Watchdogs" (due to the project's nature). However, there is some ...
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Having Stylised Lower and Upper Case in a TM Name - does it matter?

Am currently looking to register a music artist name as a Trade mark. For example, if I was wishing to register a name like RipTide (capital T) as opposed to Riptide (lower case t) ...on the ...
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Would naming a bill payment app "Bill Nigh" be considered unlawful use of someone's name or likeness?

I thought "Bill Nigh" would be a punny name for a bill payment/management app. Would such a name be considered unlawful use of someone's name or likeness? Not thinking of anyone specifically....
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How to search for lawsuits where I know the plaintiff's name and a brief outline of the facts?

The Astronomy SE question Did a watch company really try to sue radio astronomers for using the word "pulsar"? If so, which astronomers? includes the following quote from Jocelyn Bell ...
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Trademark - USPTO requirement

Just heard back from USTPO and they wanted examples of the mark in use in software screenshots, at the download store, etc -- which are no-brainers. Question is, can you have the (R) in the mark, or ...
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Indirect relationship with trademarks or software

Suppose that a person Amy wants to make wall posters based on cheat sheets and selling the posters online. For example suppose Amy has a cheat sheet (based on console commands or key bindings) with ...
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Am I violating IP if I name my mobile app the same as an existing one?

I am just starting development on a new gym app and have a name that I really want to use for it, however, upon searching the app stores (Apple App Store & Google Play) I have found an existing ...
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Can you sue someone for parodying your character?

Can you sue someone for parodying your character? Or is this part of free speech? One thing I am always wondering is why people won't use "Google" in movies, especially cartoons, but parody ...
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does gaia.com break the law?

Gaia.com is pushing conspiracy theories about reincarnation and aliens which would hopefully be fake to a normal folk robbed by a gaia.com ad, this is another way of making money using lies, is this ...
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Is impersonation of a company legal despite the impersonation not being direct?

This is a bit of a tricky question to answer, but I'll try my best to explain it. Essentially, I'm trying to figure out the legality of a scam designed to coerce victims into deleting their YouTube ...
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Is it legal to use icons from other companies in my app?

For all intents and purposes, if I were to develop an app that provides a service relating to already existing services, how legal would it be to download and use the third party's icons in my app? ...
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I want to send a cease & desist letter, but the infringer has no contact info [closed]

I am the developer of a program called EditVideoBot, a video and photo editing program that operates out of Twitter, Discord, Telegram and its own API, with over 250,000 users collectively. I've been ...
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Use of a trademark instead of a business name

Can a trademark name be used instead of a business name in legal information such as web-site and product copyright notices, EULAs, Terms Of Use, Privacy Policy, etc., provided that the actual ...
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EU trademark registered in bad faith

Company A has been using an unregistered trademark for 15+ years in the EU. Newly established company B registers the trademark in EU, and sends a cease and desist to company A. My understanding is ...
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Can the word "Cola" be used for commercial purposes?

I want to start doing some media stuff on YouTube etc and would like to have the word "Cola" in my name (e.g. names like ColaFinder, ColaCabin, StaleCola etc.). Now I am trying to figure out ...
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What's the meaning of © and ℗ on Spotify?

At the bottom of an album page, Spotify shows certain details including © and ℗. For example for Taylor Swift's album 1984 https://open.spotify.com/album/2QJmrSgbdM35R67eoGQo4j © 2014 Big Machine ...
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Am I allowed to use the name of a railway system in advertising?

In Germany, there is the famous ICE (Intercity Express) train that everybody knows and loves. If I run ads in Germany, am I allowed to use this term in messages like Our software XYZ is the ICE of ...
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Am I allowed to mention trademarks in my free app?

Suppose that someone develops and distributes a free app, which will be published in the Google Play Store. The application is meant to be some sort of a drinking game / truth-or-dare game, which ...
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How do trademarks apply to Open Source?

How do trademarks apply to open-source? Hypothetical: In the early 1990s, there is a company operating under the name Portable Network Graphics, who brands their products with the mark PNG. They ...
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Can I use a symbol that is similar to a trademark?

I don't know if I can use a symbol that is a bit similar to a trademarked symbol. For example, can I use the Alchemist symbol for philosopher's stone. It is very similar to the symbol of deathly ...
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If trademarks are ultimately enforced by who used it first and not who registered it first then what is the real point of registering?

From all that I've read, trademark disputes are ultimately decided by which entity was the first to use the trademark and not which entity was the first to register it. The word "use" can be ...
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Reasonable to assume mobile application trademark protection will allow for robust competition?

The USPTO 009 International Class category for trademarks, which covers "recorded and downloadable media, computer software", is where every mobile application seeking trademark protection ...
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Can I sell a computer game that is based on a real board game?

As a group of friends we started coding a computer game based on a board game called A (insert a board game, like monopoly). There are already digital forms of the game around made by the original ...
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How can the title "13" be so common?

According to the Wikipedia disambiguation page for 13, there are nineteen albums, four songs, two movies, two novels, a card game, a manga, a musical and a play all titled "13", not counting ...
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Can a ® so small as to be reduced to a dot confer any legal protection?

The Bank of America iPhone app's icon has a very small ® next to the logo (shown below). The ®, barely visible in the blown-up picture below, is reduced to a small, vaguely pinkish dot on any device ...
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Is buying counterfeit goods illegal?

There are fake Rolexs being sold on the internet for around £250. This is illegal, and those engaged in selling such items have been charged with unauthorised use of a trademark. It appears that ...
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Trademark-application denied due to company name which describes activity

I am co-founder of a company with which we want to apply for a trademark of our name in BeNeLux. We were told that this would be quite dangerous for us and would be risky as our company name also ...
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How strong are Nike's claims in the "Satan Shoes" case?

Lil Nas X and MSCHF appear to have purchased a bunch of Nikes and modified them by changing the color, embroidering them with writing, and adding drops of human blood to the soles. When they marketed ...
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Is it a copyright/trademark violation for indirect use of famous brand names in product taglines?

Is there any copyright or trademark violation if a company uses a tag line 'Inspired by [Some Famous Brand]' (Note: This is for the marketing tag line, not logo) The objective is to associate one's ...
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Video game that refers to other games and movies

Would it be possible to create a game that refers to other games and/or movies without any form of agreement with the license owners of those titles? Think "Ready player one", first level is ...
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Is it legal to sell a 3d scan of a car in the USA?

Suppose someone were to provide high quality 3D scans of vehicles for the off-road industry. Would it be legal to sell these scans via an online marketplace? They would be either component, chassis, ...
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If you happen to share the name of a very famous character, can you use it for your shop?

Assume that someone sharing the name of a famous character - just for a random Sample let's pick Leonard McCoy, James Kirk and Peter Parker - just happens to want to offer services under their name in ...
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Can I name a business (restaurant) after a fictional character (Jughead Jones from Archie Comics)

I'm far from ready to start a business at the moment, but I'm definitely considering it and working towards being more ready. That being said, I'm mostly considering starting my own restaurant, and I'...
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Does a company need to trademark every similar combination of words?

Hypothetically, Bob founds a company named “Dog Cake”. Bob is afraid of imitators and for good reason- people respond with companies named “Dog Cakes”, “Dogscakes”, “The dog Cakes”, “A Dog Cake” and “...
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How and when can protected trademark be broken by someonse else? [closed]

I have an application called 2oobbllee. I have received an email from owner of the Dobble trademark saying that I infringe its rights. Is it true? I opine that the choice of yours remains disputable. ...
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Use of customer's logo on digital product demo

I'm looking to email prospective customer's a screenshot of a demo website that I've setup for them. I'd like to include their logo within the screenshot of the website. I was wondering if this ...
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Trademark Licencee rights

I have held a trademark licence for 20 years and have recently had it cancelled by the owner of the trademark. It is my understanding that I did not breach any of the conditions. I am wondering if ...
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Can I use logos of brands, companies and/or services in a website for linking to my content on those services?

Specifically, can I use the youtube logo on my website as a button to link to a video on youtube that I made? What if I trace the logo, and/or change it a little to fit with the general theme of the ...
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UK trademark law: Similar company names

Can a company be sued for using a similar name to an existing company? For example if a company was called "The Kraken liberties" and a new company were to be named "The Kraken Club&...
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How does copyright law apply to references of an existing work?

If an author were to reference an existing work of fiction in their novel, how does that interact with copyright law? For instance, let's say a character in a novel thinks they're a fictional ...
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Brand and advertising citation [closed]

Please if possible avoid legalese jargon in the answer. Can a person use a brand citation (e.g. reproduce the brand logo and/or the brand name) under fair use or is permission required? I would also ...
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Geographical Protections

For a small Non-profit business, if you want to include a Geographical Region as part of your business name, then is it a Legally Enforceable requirement that the business has ties to the region (e.g. ...
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Territorial trademark on the Internet

I want to start an online business and it's name is not trademarked anywhere in the world. If I only trademark it in my own country but I operate worldwide: can I use the TM or (R) on the website? ...
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Why couldn't LBJ Trademarks claim "Taco Tuesday" due to common usage?

It is apparently not commonly known, but the phrase "Taco Tuesday" is a registered trademark of Taco John's, a restaurant chain based out of Wyoming. Why is it then that in 2019, when Lebron ...

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