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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Will re-creating or designing a typeface after a custom typeface for a company infringe on its trade dress?

The video games Artifact, Dota Underlords and Dota 2 (all made by Valve) use a custom typeface on its UI, not sold comercially (it is called Radiance). If I recreate this typeface by creating a ...
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2 votes
2 answers
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Does Google have a right to block our app for trademark use?

In a recent app store update, we've included in our description the names of several brands that we support through functionality in our app. Some if not all of these names are trademarked in the ...
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Can gratis FOSS projects have trademarks?

I maintain a FOSS library as a hobby project. Does this count as using its name in commerce, or do I have to sell a copy to someone?
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Is Kali Linux's "Undercover" mode legal?

Kali Linux, a Linux distribution for ethical hackers and penetration testers, has an "Undercover" mode that makes its UI look like Windows 10. It copies the desktop background, Windows logo ...
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Can I use an abandoned servicemark for my app name?

There is a service that has the same name I plan to use in an app; however, the servicemark was filed on Jan 23 of 2007 and abandoned on March 26 of 2008. Since the (single member) LLC that owned it ...
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Do I have to register my trademark to own it?

Location: United States Let's say I am the first person to use my company name in a business transaction. However, since I did not register my business name as a trademark, can someone else in the ...
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Using another company's name on my website?

I'm building a website with some friends that does social media analytics. As part of this website, there's several places on our site where a website user is prompted to enter some text with the ...
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1 vote
1 answer
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Writing an open source clone of commercial software - colloquial naming?

Suppose there is a very expensive commercial software program. For example, we'll call it Zyzzy's Super Expensive Software. Assume the Zyzzy Software Corporation has a trademark on its logo, but no ...
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Advertisements and fair use

If someone publishes an article about advertisements that included screen captures from a website, is there any risk of being sued or would that qualify as fair use? If it makes a difference, assume ...
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13 votes
1 answer
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Commissioned a logo that contains a stock image, can I still trademark it?

I have a question similar to this one here but with circumstances that are a bit different. I purchased a logo from a seller online through Fiverr a few months ago. Since then I have incorporated this ...
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Mobile Application Trademark Dispute Help

I am owner of "EXAMPLE" word. This Trademark word is registered on November 2021. This trademark is registered in only India. Now one Android app in Google Play Store is using this trademark ...
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1 answer
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Register trademark for app name when one already exists on the app store

I've spent a lot of time creating an mobile app for iOS and Android. Let's say for arguments sake the app is called "Travelr". I'm based in the UK and I initially checked the UK trademark ...
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1 answer
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How can a video game like World of Warcraft include lots of pop-culture references?

The video game World of Warcraft includes lots of pop culture references (also Warcraft I, II, and III). Did Blizzard have to get licenses from the IP owners to include these references in their games ...
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1 answer
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Is it IP infringement, if logos are obtained and used automatically?

I'm looking at making an app that enables remote access through a mobile device to other applications on your computer. To add a remotely accessible device, the user must themselves select the ...
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1 vote
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What are the legal implications of including pop culture references in media? [duplicate]

Eg.: In a video game that uses its own characters, setting, plot, backstory, etc. can a character reference the Dota 2 character Omniknight in a short phrase said by him? That could potentially ...
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3 votes
2 answers
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Is it incumbent on a trademark holder to conduct trade under that mark?

In the United States is it incumbent on a trademark holder to conduct trade under that trademark to retain the trademark? For example, Venus pencils was an old trademark that was bought in 1973 by ...
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1 answer
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Is a name of a fictional character, location or universe free to use if it is not trademarked?

After searching on USPTO names of characters fron Dota 2 and Warcraft, I found that most names are not trademarked. Does this means these names are free to use as a software name?
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1 vote
1 answer
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Can I market a legal food product with the name of an illicit drug or other illegal product?

Say I've reverse-engineered the Coca-Cola formula, or produced something very similar in taste. Since the recipe is not patented, I can sell my product so long as I don't market it as Coke, Coca-Cola, ...
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2 votes
2 answers
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Am I allowed to use the term "facebook" as a keyword in the <head> section of my website?

I am planning to build a Facebook-related webapp. Judging from Quora: Can I use Facebook word in my domain? and the list of WIPO cases of domains containing "facebook" I'm not allowed to use ...
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Would it be legal to use a brand's name (e,g, Samsung, macOS) in my personal email address?

I have my main email as "mer************windows14@gmail.com" (censored for safety) Now in the email, it has "Windows" and I'm worried that Microsoft will come for me and say"...
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2 votes
1 answer
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Trademarks & International dealings

It is my limited understanding that when a trademark is registered - It is only country specific. However in this case an Australian cafe was sued by a French culinary school due to a similar name ...
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2 votes
1 answer
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Legalities of Extensions that modify websites

I am wondering how it can be legal to make or use extensions that modify the functioning of businesses' websites. Specifically, I am looking at Firefox extensions that modify YouTube's functionality. ...
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1 vote
2 answers
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US Jurisdiction, can a foreigner register a trademark in the US?

Pretty much self-explanatory. I am not an American, I live outside the US and, so far, my only relationship with the US is going there for holidays from time to time. I have a software product with a ...
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1 vote
1 answer
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Does alternate spelling provide sufficient differentiation to avoid trademark infringement?

In Australia, one infringes on another's trademark if: The sign1 is substantially identical or deceptively similar or: The goods or services are closely related or in the same description or: The ...
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2 answers
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Would this be a correct use of the WhatsApp trademark?

I am the developer of a mobile application that scans barcodes and QR codes. In addition to scanning codes, I also allow my users to create their own codes. Recently I am considering adding more types ...
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7 votes
2 answers
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Can I use internal components' logo on my product?

I want to manufacture and sell an electronic device which I made using some TI components at home. Can I use TI's logo and other logos such as 'Burr-Brown audio' and their names on my product ...
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Large customer (Distributor) changes a single letter in the Supplier's name and trademarks it. Is this legal? [closed]

That’s what happened to our jewelry-maker cooperative!
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4 votes
1 answer
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How to make an indie app to "belong" to the legal company?

Lets say I have a created an app that I now want to start a company for. Company will be a 1-person company who's only product will be this app. What will define that from now on the app's ...
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9 votes
1 answer
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Bypassing trademarks by changing words if a name is a combination of multiple words

It is possible to avoid trademarks by changing them slightly, such as replacing words if a name is a combination of multiple common language words? I have seen various media (video games, films) re-...
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Website URL & blog name - Trademark

I have a plan to create a general blog related to technology and internet marketing and I have chosen the name "LearnIT" and while registering the domain name I found there is already a ...
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1 vote
1 answer
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Can you trademark the appearance of a word?

Can you trademark the appearance of a word? For a common word such as "sky", a trademark will only be granted for a very narrow set. That's what I was told, but what about the appearance of ...
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Can copyright or trademark protection of names expire because they have become common?

Can the copyright protection of the own names from books, like the names of the monsters, expire because they have become a common words? For example, if a very popular MMORPG game have included giant ...
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3 votes
1 answer
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What IPs does my personal coding project have?

Hi I am a software engineering student, say I code a random personal program and upload it as a website. And I make the code closed-source. What IPs/trademarks/copyrights do I automatically have? I ...
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-2 votes
1 answer
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What is a "representation of a registered trade mark[,] together with the registered particulars of that trade mark"?

What exactly does the embolded phrase below mean??? Are there examples of such representations? Please demystify it in simple English. Pretend I am an average naive 17 y.o. who does not know the law. ...
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-1 votes
1 answer
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Website cloning is legal?

Is using CSS, Javascript, HTML, or images from other websites on our website illegal because the contents may involve trademark or copyrighted assets? I am using lot of partial or full content from ...
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2 votes
1 answer
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Can we be sued for using a meme for naming our company?

Once something like a meme goes viral and is widely used by people, it cannot legally function as a trademark, he said. It will typically take the office around four months to deliver a decision on ...
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4 votes
4 answers
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Can you trademark a word in a dictionary?

Can you trademark a word in a dictionary? https://www.theverge.com/2013/7/31/4574878/microsoft-skydrive-name-change-bskyb Sky trademarked the word Sky, so I am wondering if words such as Tornado, ...
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1 vote
1 answer
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Do you need to do something when your movie's title has the same name as the title of another movie?

Let's say your film's title is Black Pirate, which coincide with the name of a DC Comics superhero. Is this copyright infringement? What if Black Pirate also referred to the name of a character. Is ...
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1 vote
1 answer
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Pulled off Amazon on a specious trademark claim

Selling products on Amazon, I've had a listing pulled over "trademark violation" for mentioning that an HVAC sets come with acme fittings and/or acme adapters. Is there any way that this ...
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Is the register by the U.S. Patent and Trademark Office seachable by the public?

Is it possible to review the data base of existing marks beforehand? Or must one assume the government's data base is in perfectly good order?
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0 votes
1 answer
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Is the Lanham Act used to protect commercial trademarks? or for protecting the public from fraud?

My research has led to unexpected discoveries and areas of learning relevant to the artisan. Academic paper by Lemly refers to an academic paper by Brown only two years after the Lanham Act was ...
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1 vote
1 answer
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What are "divisional patent applications"?

"...from November 5, 2020, there is a New Mexican IP Law in force, which has established new legal concepts and has brought light to some Practice areas which before this New Law, were imprecise ...
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1 vote
0 answers
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Start selling without registering the trademark

I've been reading a bit about trademarks, and I sort of understood that, if someone register the mark, but I was using it already, then I won't be infringing. So if my business is not going to rely a ...
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Can a developer use someone else's product name as an Open Source project name?

Suppose that an open source developer wants to use the product name ninjago owed by Lego for the name of an Open Source project. Is it allowed to base the project name on Lego brand? Also can the ...
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Can a game asset violate a trademark or a patent of a product?

Can placing a model of a real life recliner/keyboard/car in my commercial game, violate the trade-dress/trademarks/patents of the manufacturer/brand if it looks and functions like the real thing? Or ...
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22 votes
4 answers
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"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?

Someone just registered a trademark on the word "Mama" UK00003645697 Status: Registered Mark type: Word Mark text: Mama File date: 23 May 2021 Classes: 42 What does it mean for digital ...
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0 votes
1 answer
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copyright, trademark and patent

Can someone trademark a logo that is well established because it is on a company website and the company did not trademark it? Can someone patent your logo if you did not patent it? Or are all the ...
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0 votes
2 answers
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Is "swiss army knife" a protected trademark?

I want to create the slogan for my library (in the programming, the library is distributable pre-made code for reuse) like "The Swiss army knife for type-safe TypeScript programmers"). But ...
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0 votes
1 answer
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Can I display university logos on my website under "Used by students and faculty from" [duplicate]

I have a website mostly used by students and university faculty, and I'd like to display those universities' logos on my website. Examples are: Yale, NYU, UCONN, University of Dallas, University of ...
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Possession of a TLD domain name by a company that has registered the same name in United States Patent and Trademark Office

Suppose that a person A owns a TLD domain(Top level domain) similar to the .com extension registered by another company in the United States Patent and Trademark Office. Suppose that the person wants ...
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