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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Is there USA trademark or copyright law regarding using word titles seen on youtube to create their own logo?

Is there USA trademark or copyright law regarding using word titles seen on youtube to create their own logo? For example, if the title of a YouTube Video was "Avocado Sunrise" could one ...
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Is it legal to make a 3D model of a person without their consent?

These would be 3D models of celebrities, famous people etc. Do I need consent for this? https://www.turbosquid.com/Search/3D-Models/trump Country - India
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Is it legal to sell fan merch based of a group but only uses their name as promotional tags

So I was wondering if it was legal to sell fan merch while only using the groups name for tags. The name wouldn't be listed under the product or could i say its xyz inspired. If this is still bad, ...
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Is permission required to say your product is used by an organization

Many companies (especially software companies) put something like "[Our product] is used by [Company 1], [Organization 1], [School 1], [Company 2], and 10,000 more!" on their website. In US ...
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If I don’t profit in any way and have disclaimers, can I use Pokémon names in my app?

Suppose a developer creates a simplistic web-based educational game that uses Pokémon names, but not images. It has a similar battle style to the old Gameboy games, but all the images are original. If ...
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107 views

The case of the vanishing ™

I moved from the United States a few years back. Recently, someone visited the U.S. and brought back some "junk food" that my family missed, including Milk Duds and Oreos. I was shocked to ...
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43 views

Can I edit a (copyrighted) logo to use for my website?

I've made a website that notifies users when an item on another site (lets call it source site) is on special (the source site does have this feature, but it doesn't work well). For the logo for my ...
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44 views

How close can names in the same classification not be in trademark law

Say you have 'Bag Watcher' that sells business management software, and another company, with the same class, is called 'Bag Overwatch' that is a computer security company. Is it legal and enforceable ...
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Using pictures with logos in portfolio [closed]

My company (a construction company) has done a lot of work with large chains, such as retail stores and restaurants. I would like to display pictures of some of these stores on the company portfolio ...
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Licensing self-written software and trademark to the company which I own

I wrote software (as a hobby) a while ago and also registered a trademark for it. I thought about trying to commercialize the software, and realized that in order to limit my risks it makes sense to ...
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Can I use the government's seals and logos without its permission?

Is it permissible to use a governmental seal for editorial purposes in a magazine? For example, in a news story about the Bureau of Alcohol, Tobacco and Firearms, could I use ATF's logo to accompany ...
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Is it legal to alter and resell a product under its original name?

I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
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Can i get sued by using a VFX in game, that are similar to Marvel`s VFX (The Avengers)?

I am developing a game and ended up creating an effect which triggers on enemy death. An enemy dissolves and spreads particles around. The end effect reminded me a bit of the movie The Avengers and ...
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Why can Domain Registrars sell trademarked Domains?

For example, as of writing this, Vanillacoke.org is available for purchase. There would be nothing to stop me from buying this and Godaddy or whichever Registrar profiting from it. Why are domain ...
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Use of Jamstack trade mark

Netlify has coined and trademarked the term Jamstack for a particular development methodology that has now become an industry standard term. It's not a particular product or set of tools, more a ...
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Can a name from an inactive Github project be reused?

I have a personal project started in 2018, which essentially aims at running Arduino code on an FPGA and is posted on Github. Being not very imaginative while picking a name, I just added the "...
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91 views

Can I sell a figurine of my own design, despite it being a game character?

I am making a Deku scrub figurine from The Legend of Zelda series to 3d print. I decided that I could sell these figurines on Etsy. Is there any legal requirements for the UK where I have to say ...
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97 views

When can I sell 3d models and 2d renders of dead peoples and celebrities?

When is it allowed to create and sell 3d models and 2d renders of existing dead people and celebrities? I can imagine this is not a easy topic and is different depending on the jurisdiction. Here are ...
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Are single-letter programming language names trademarkable?

It's no secret that the name of some programming languages are single-letter (sometimes with some non-letter characters) such as C, C++, C#, D, etc. A previous question asked about the situation of ...
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Is it legal to use someone else's trademark as an advertisement keyword?

For example, could Apple buy search engine advertisement using "redmi" as a keyword, so that users searching for "redmi" are directed to a website selling iPhones? Could the search ...
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63 views

Can choosing a username with corporate terms be a violation of the law?

I recently answered this excellent question on the Software Recommendations SE: Method/Software to rename multiple files in ascending numerical order regardless of file type? I just noticed the ...
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Can I use the image of Dracula or Frankenstein in my ad or logo?

I want to use the iconic symbol of Dracula or Frankenstein for my logo, or at least some ads. Without using the name Dracula/Frankenstein. Is that ok or the "image" of them is also a ...
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Using a trademarked word as part of another word

I have read many questions asking the opposite: splitting a trademark into multiple words. Not sure if the scenario is the same. Example: company named "FilterJedi" selling water filters, is ...
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Can a photo that contains a trademark be used by a political campaign?

There's a current kerfuffle regarding a campaign photo used by the Biden campaign. The photo shows the logo for the Washington Redskins in the original photo but removed in the photo displayed on CNN....
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Could 'Node.JS' sue (and win) a trademark infringement against any software companies that use the word 'Node'?

Ever since 'Node.JS' became very popular, a lot of software companies have been using the word 'Node' in their trademarks. For example: ControlNode NodeStudio AppNode Could Node.JS owners ...
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Could there be a trademark infringement if one “slightly” mimicks the end-name of a well known product in the same industry

Say there is a famous product in the cryptocurrency software industry called "Mixilux". An ex-employee starts his own business and creates a new product and calls it "Flexilux" The ...
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101 views

Am I screwed if I sell CCTV sotware “EagleEye” and another US company has registered trademark “EagleEye” for its CCTV lens? [closed]

My Australian CCTV Software "EagleEye" I am an Australian Company. I develop and sell software for CCTV Systems. For confidentiality purpose, let's call it 'Eagle-Eye' Company in US has CCTV ...
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102 views

Is it trademark infringement if you put the word 'the' in front? [closed]

There is a trademarked company by the name "good vibe tribe", registered for "Hosting an online community web site featuring the bringing of people together for the common good and ...
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1answer
62 views

Can I use a registered trademark in a software to indicate a file type?

I develop a software that contains a file viewer. For the sake of usability I would like to indicate also the "file type". Let's assume I display a Photoshop file. Am I allowed to refer to ...
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Trademark used only for profit motive / trademark not the right solution?

My daughter is starting a podcast. It will have a focused theme, say for example "Artists against Racism." (Note: this is not the topic, just a similar type of example). Now the purpose of ...
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147 views

Does Tesla or Nikola have grounds to sue the other for trademark infringement?

Tesla and Nikola are both companies that produce electric vehicles, and both companies are named after the inventor Nikola Tesla. It seems to me that this could cause confusion. Does either company ...
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Do obviously spurious claims of trademark infringement help in cases of genuine infringement?

Several times when discussing obviously spurious claims of trademark infringement I've seen an argument that companies, in order to keep their trademarks, must threaten to file suit over trademark ...
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Are programming language names copyrighted?

Say I want to create a programming language with some name, but there already exists another programming language with the same name. Could I get in trouble (legal or otherwise) if I create another ...
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Risk/Information Regarding Copyright/Trademark Violation

I have previously participated in the illicit accessing of files (music, etc.) that were most likely copyrighted/trademarked/etc. as well as the distribution of modified versions of these files (...
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Can I use a company's logo on the merch I want to advertise to them? [closed]

I am a merchandise designer. I want to advertise conceptualized apparel/general merch designs to a company by email with the option for them to purchase it. I want to use their current brand ie. logo ...
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1answer
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How can I use a trademark name in my app title?

I am a student software developer in NY, USA. As a learning project, I created a mobile application for calculating scores of my favorite crossword board game and posted it on the famous online ...
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74 views

Can I use the name Friedrich Nietzsche as commercial application title?

Can I use the name Friedrich Nietzsche as commercial application title that will be available globally? I know that his books are in the public domain and I can use fragments in my app but I don't ...
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91 views

Twitter icon upside-down [closed]

If I use Twitter icon upside-down as my site favicon, will it be a copyright/trademark violation? I have copywriting slogan "Down with Twitter" among others on my site.
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Similar domain to trademark takedown request?

Today I received the following, and there is no first notice. Is this a legitimate request? The "mm-walmart.com" domain and lack of any contact information is screaming a scam, attorney ...
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Can the owner of a national trademark oppose the application of a trademark in another country when both are in the EU?

I've got a wordmark in an EU country, which is the name of my company. Someone else applied a logo as a figurative mark which contains their company name, in another EU country. Their company name is ...
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Can I use the term “tweets” for posts at my own site?

Can I use the term "tweets" for posts at my own site? And if I put the word "tweet" in quotes?
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170 views

Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
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40 views

Can I trademark a mobile application name that exists, but in a different region / language and unrelated to my app's functionality?

I have a couple questions regarding the possibility of trademarking the name of a mobile application that I am developing. The main question is: Can I trademark the name and logo of a mobile ...
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Is it the same nature of business?

As far as I understand, I can use the name the same as the name of another business, if we are of different business natures. Right? The other business is selling physical goods (more exactly, they ...
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26 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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Creating a hoodie on Teespring

This would be the image used in the hoodie. The screenshot was originally taken from the F.U.N. episode of Spongebob Squarepants, which aired in 2001. I edited it and turned it into the image seen ...
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Using a trademarked name as the partial name of a new business

If a company named "XYZ LLC" has the name "XYZ" trademarked, am I infringing if I incorporate an LLC with the name "XYZ" partially in it, e.g., "XYZ Entertainment ...
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52 views

Can I use the name of an out-of-business company for my project?

There was a business with a name I want to use for my business but it is out-of-business. Do I have the right to use a name of an out-of-business company? I am in Israel but my business is ...
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Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?

Is it legal to use a name for a company that uses part, or all, of another trademarked name in it? For example, if I was creating a company that uses Google's software, could I name my company Googley ...
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92 views

Use of ™ on a software name that is not trademarked?

I'm making an app for Apple app store and the perfect name for my app is already "used" even though it's not on the app store (this is a thing with app store - when you create an app with a ...

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