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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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Does using game cartridge assets on a small-scale digital distribution infringe copyright?

For example, let's say I was writing and distributing a digital zine with a 3DS game cartridge banner on the cover, and the "Nintendo Seal" and such. Such a work is obviously not a game (due ...
order's user avatar
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10 votes
3 answers
4k views

Can you make a logo very similar to an existing trademark?

In the US, there are two banks, Capital One and Credit One that have very similar names and more similar logos: Is the similarity something that could be claimed under trademark infringement?
Nicolas Formichella's user avatar
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Dates of Use in Commerce to Renew a Trademark

If I have a U.S. trademark for which a Sections 8 and 9 needs to be filed on May 22, 2024, I understand that the mark must be in use at least during the year prior (May 22, 2023 - May 22, 2024). ...
Jon Miller's user avatar
1 vote
2 answers
197 views

Under EU law, is it a trademark violation to mention other products by name in a description?

I'm working on a game where if people have at least passing familiarity with Yahtzee (UK/US) or Kniffel (Germany), they'd have a good idea how to play this. Would I be within my right to name-drop ...
Electric Coffee's user avatar
3 votes
2 answers
999 views

Does the shade of color (light vs dark) in a trademark matter?

With respect to a U.S. Registration, for a trademark that claims the color green, does the shade of green make a difference? For example, if the registered mark is in dark green and I submit a ...
Jon Miller's user avatar
-1 votes
1 answer
166 views

Can I buy a same domain name with different TLD and add similar content? [closed]

Can I buy a same domain name with different TLD and add similar content with different design of site? Is there any copyright issue? to be more precise, imagine site which have function ''remove bg ...
mark8422's user avatar
1 vote
3 answers
103 views

Does copyright law apply? [closed]

I wish to sell an item similar to one that a well-known international auction house had sold on a particular date. Can I write this in my sales pitch or am I infringing on the auction house’s ...
Lawandorder's user avatar
2 votes
1 answer
72 views

Use registered trademark symbol every time the trademark appears, or just the first?

I am sending a corporate email. The copy contains several instances of a registered trademark. Do I need to include the ® symbol with every use of the trademark, or just the first one?
Keyslinger's user avatar
1 vote
1 answer
56 views

International Trademark

A U.S.-registered trademark restricts U.S. people from using a trademark. However, what agreements are there that restrict U.S. people from using non-U.S. company names or images, or restrict non-U.S. ...
Test's user avatar
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2 votes
0 answers
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How to use "generic color" to describe tertiary colors in gradient logo if filing for color claimed trademark?

With a multicolored gradient logo (not just a two-color gradient) and filing a color logo trademark in the EU, there is a need to describe the colors using "generic" color names. In such a ...
 adel357's user avatar
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1 answer
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"Malen nach Zahlen" legally protected in Germany?

Quoting from a German wikipedia article about "Malen nach Zahlen" (or also called "painting by numbers"): Malen nach Zahlen ist eine Wortmarke der Ravensburger AG und des ...
J. M. Arnold's user avatar
-3 votes
1 answer
163 views

Can I legally change my name to "Darth Misogynus", or would I get sued by Disney?

Obviously, Darth comes from Star Wars, which is currently owned by Disney. Misogynus is an expression of my ideological beliefs. If I legally change my name to "Darth Misogynus", will I get ...
Henry S's user avatar
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1 vote
0 answers
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A question about using a product name in a book title

Is it nominal use if I have a book title "I'm a weeble" based on the title of one essay in a book of essays? The essay implies that I'm a weeble because I wobble but I don't fall down as ...
Rene Pfister's user avatar
0 votes
1 answer
184 views

National Parks Trademarks / Copyright

I would like to create a stamp collection book/journal about National Parks, and one would be about U.S. National Parks. Am I infringing any copyright or trademarks if I list the U.S. National Parks? ...
Laura71's user avatar
5 votes
2 answers
2k views

What is the legality of copyrighting an already copyrighted and trademarked logo?

Many sites will have links to Facebook, Twitter, Instagram, etc. located on their site usually using logo "badges". Most of these sites provide their own official badges, but you can also ...
jesse_b's user avatar
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0 votes
1 answer
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Can "humanology" be protected? [closed]

I wanted to buy a new domain, humanology.com, but discovered it's already taken. It looks like humanology.org is taken, too. Moreover, the webmaster of humanology.com claims he has trademarked the ...
Paredon's user avatar
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2 votes
1 answer
182 views

Can a big company push out a smaller companies trademarked name?

From what I understand about trademarks, the mark that has seniority (was used first in commerce) to identify a good, is the mark that has the legal trademark rights to use that mark. There is also ...
MaxSped's user avatar
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0 answers
25 views

Digital App using my physical product's Trademark Name

I make a physical product with a Registered Trademark going back to 1996. Recently a website has been advertising that it can do what my physical product can do, and is using both my trademark and my ...
JWalter's user avatar
-4 votes
1 answer
55 views

Can I use stack overflow for fixing problems [closed]

As I developer Can I use or (refer) stack overflow for fixing my problem . If I use stack overflow for getting solution is there any issue on copyright Also learn solution from stack overflow is legal....
Fadhil Hussain's user avatar
3 votes
2 answers
2k views

Is it trademark infringement to use a name registered for a product in an unrelated market?

This is just for my curiosity and education. I see that there is a trademark filed with USPTO for the name Cassandra. There is also a very popular database by the same name. Then is using this name ...
morpheus's user avatar
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1 vote
1 answer
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patent question [closed]

Hypothetical person is inventing a new product for sale. The product will include an ingredient that is patented and for sale for another use. They will buy their product and not change it but rather ...
Caro1's user avatar
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3 votes
2 answers
950 views

Do creative works that utilize generative AI require attribution?

Suppose I create content (videos, essays, etc.) that utilizes generative AI to create illustrations (e.g. Midjourney, DALL-E, etc.), do I need to cite the AI tool I used? Will I still be the copyright ...
cine's user avatar
  • 143
2 votes
0 answers
45 views

Is it okay to use a modified name of a well known brand in my game?

If for example, my game has a fast food restaurant in the world, can it be called WcDonald's instead of McDonald's to get around the issue of using a brand name? I see this being done in other forms ...
user9564371's user avatar
1 vote
3 answers
248 views

Can I use N.A.T.O instead of copyrighted Nato on my adapter product

I have an Etsy shop selling handmade nato strap adapter for Casio digital watches. I have heard that the word Nato is copyrighted by International Watchman Inc, So that I cannot use "Nato Strap ...
Dai Wang's user avatar
2 votes
1 answer
151 views

Using a company's logo in reference to something

I've seen a few instances recently where an app or website uses another company's logo and brand name in reference to something. Some examples include using an internet service provider's logo and ...
Charlie Fish's user avatar
0 votes
0 answers
26 views

Legality of graphical representation of "Jell-O" [duplicate]

There are Photoshop tutorials that show you how to create the world "Jell-O" with characters that actually look like Jell-O. However, I believe the word Jell-O is protected by copyright, ...
Paredon's user avatar
  • 433
6 votes
2 answers
3k views

Can my music player app have the same name as a musician band? It's common words

Can my music player app have the same name as a musician band? It's common words. For example, let's say there is a group called "Black Stones" (this is not the name, just an example). And I ...
Daahrien's user avatar
  • 226
2 votes
1 answer
489 views

how did the WWE lose the "WWF" trademark to the WWF (World Wildlife Fund)?

The WWE, World Wrestling Entertainment, formerly WWF (World Wrestling Federation) is in the entertainment / media industry. They are completely unrelated to the World Wildlife Fund, which is into ...
Bear Bile Farming is Torture's user avatar
2 votes
1 answer
332 views

Are fan games legal?

"Fan games" are video games made by fans using a popular intellectual property, without license. Are they protected by "fair use" or are the IP holders just allowing it?
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1 vote
2 answers
193 views

Can I use words like "Laboratory" or "Pharmacy" in my website or company name?

Is it illegal to use "pharmacy" or "laboratory" words in the name of an LLC or website that is not related to a real pharmacy or laboratory? i.e. using "healthlaboratory.com&...
GoodMan's user avatar
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1 vote
1 answer
192 views

Am I allowed to use a domain name like macbookrepair.com?

If I were to register an available domain name like macbookrepair.com, do I have the right to offer commercial services from it, or does Apple have legal grounds to get the domain registration ...
Taylor N's user avatar
0 votes
1 answer
102 views

It is a 'fair use' of trademark if a book's advertising refers to a famous book series?

For instance can a book based on (or about) ancient mythologies be advertised as 'for fans of the Percy Jackson books'?
user avatar
0 votes
1 answer
100 views

When a historical name is trademarked, will the trademark be considered 'weaker' than an invented name?

Like the names of important people of medieval Europe, names of planets of the Solar System and its moons or geographical features etc.
user avatar
1 vote
1 answer
101 views

Can a software's dictionary file include popular culture terms?

Example: can a dictionary included in a word processor include pop culture terms, such as character names, so they are recognized as valid words (not triggering autocorrect or spellcheck) etc. Should ...
user avatar
5 votes
2 answers
2k views

Can a public domain character be subject to trademarks?

Can a fictional character that is out of copyright protection still have trademark protection? What uses of such a character are permitted or not permitted? Please provide a current real-world example....
user avatar
6 votes
1 answer
1k views

Trademarking modifications to common phrases

Let's take the common phrase "bite the bullet". If I want to trademark "bite the mullet", is there any barriers to that?
Bear Bile Farming is Torture's user avatar
-3 votes
3 answers
213 views

If I am sure that I have an argument for fair use, can I use shadowed silhouettes of copyright or trademark characters on the cover of my book? [closed]

I have a very specific idea for a book cover that involves using shadow silhouettes of copyrighted/trademarked characters. It is a non-fiction book about character arcs. The title and cover of the ...
Drask's user avatar
  • 9
0 votes
2 answers
125 views

Is it OK to make some 3D art as CC0 or CC BY-SA if it contains a trademark/logo?

If I create a 3D model that I want to distribute as CC0 or CC BY-SA but it contains a logo or trademark that I'm not the owner is it OK to do so? Lets say for example that I make a 3D Coke can with ...
user5507535's user avatar
6 votes
3 answers
521 views

Can Musk threaten X11?

Twitter, recently changed hands and became owned by Elon Musk, who decided to change its name to "X". There's the FOSS X11 desktop environment being developed for various Unix and Unix-like ...
DannyNiu's user avatar
  • 249
1 vote
3 answers
81 views

Does a registered trademark end if the owner throws it away?

If somebody registers a trademark for their company name and the name of its flagship product, and uses this names for a while, but then one day decides to stop using it and publicly announce they ...
Stack Exchange Supports Israel's user avatar
0 votes
1 answer
66 views

How similar do trademarks have to be to be infringement? [duplicate]

I received a marketing email from Lenovo with the slogan "Different is better." This seems quite similar to Apple's "Think different," to the point that had I seen the slogan out ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
468 views

Can you have a Facebook group with a trademark company's name?

Can you force a Facebook group to change their name if it matches your trademark? One group I am in is thinking about changing their name because of this and it is a group of current and former ...
Styxsksu's user avatar
  • 111
-1 votes
1 answer
172 views

Is an exact match necessary to prove trademark infringement?

For the sake of example, let's use Robert E. Howard's character "Conan, the Barbarian". The author died in June 11, 1936, Cross Plains, Texas, United States. As seen above, it's been almost ...
Mindwin Remember Monica's user avatar
3 votes
1 answer
145 views

Removal of branding constituting trademark infringement

A common brand of commercial refrigerators used in stores in my country all have the following sticker on them (emphasis mine): Trademark Infringement The [Brand Name] trademark on this product is ...
Aaron's user avatar
  • 33
3 votes
1 answer
505 views

Does the renaming of the German 'ebay Kleinanzeigen' to 'Kleinanzeigen' mean they lose any trademark to their name?

So ebay Kleinanzeigen is a company that owns a website for classified ads. People can post classified ads there and search the website to buy things from classified ads. I suppose ebay has the exact ...
quarague's user avatar
  • 3,570
1 vote
1 answer
262 views

If I create a fictional brand name in a movie script and then copyright the script can the fictional brand name be considered my trademark?

Let's say I write a movie script. The movie gets made and it does well. In the script a fictional brand exists with a specific, un-trademarked name. Now let's say someone created a real brand that had ...
SlowlySwift's user avatar
1 vote
0 answers
48 views

The Nice Classification, what exactly does it refer to?

I need to know if the Nice Classification (for trademark registration) determines the activities carried out by the brand itself, or if it refers to the areas in which the brand cannot be used by ...
Colibra Labs's user avatar
1 vote
1 answer
43 views

Is an edited version of a trademark covered through the original trademark in the UK?

Is a shortened or edited version of a trademark covered by the initial trademark. Take the following for example: If someone were to use this name or logo while removing the 'studio', would this be ...
M. Guillaume's user avatar
-1 votes
1 answer
87 views

Can copyright be made on to a specific word or name? [duplicate]

I wanted to use two words 'HAKAI' and 'BEERUS SAMA' in my design but when i posted them the site took it down and said it has been ended early due to content concern. What is the actual issue here? ...
animanic's user avatar
-5 votes
1 answer
230 views

YU-GI-OH! name IP protection?

What is the TM and IP status for Yugioh? Related to question Will the YU-GI-OH! card copyright ever end?, is the name 'Yu-Gi-Oh!' name protected? This resource Justia suggests TM protection for video ...
Stephan Luis's user avatar

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