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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4answers
2k views

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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1answer
887 views

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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1answer
143 views

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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1answer
35 views

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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1answer
45 views

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 ...
3
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1answer
53 views

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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0answers
76 views

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 ...
2
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2answers
107 views

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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1answer
44 views

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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1answer
48 views

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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0answers
32 views

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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1answer
39 views

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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1answer
32 views

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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1answer
44 views

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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2answers
51 views

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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1answer
48 views

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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1answer
26 views

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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2answers
48 views

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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1answer
101 views

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 ...
2
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1answer
67 views

Use a Netflix Show Title in a Product [closed]

I'm a music arranger, and I am preparing a series of string quartet pieces. I want to use an "Inspired by the Netflix series 'Bridgerton'" phrase (or some such phrasing) on the packaging and ...
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1answer
40 views

Trademark/Copyright of Fantasy species in games / tabletops / books

I'm a game developer trying to make something fantasy related I'm heavily inspired by the fantasy genre but I am trying not to get sued, not worried just was researching the topic and could not find ...
2
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1answer
67 views

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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1answer
132 views

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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3answers
71 views

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, ...
0
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1answer
81 views

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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1answer
115 views

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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1answer
110 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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1answer
46 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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1answer
45 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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1answer
26 views

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 ...
3
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0answers
59 views

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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3answers
134 views

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 ...
2
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1answer
58 views

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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2answers
79 views

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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2answers
35 views

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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2answers
53 views

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 ...
2
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1answer
76 views

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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1answer
100 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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1answer
107 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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2answers
103 views

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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2answers
65 views

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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1answer
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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1answer
47 views

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 ...
0
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1answer
43 views

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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6answers
4k views

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....
2
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1answer
53 views

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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1answer
30 views

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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1answer
103 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 ...
0
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2answers
114 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 ...
2
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1answer
66 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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