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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12
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2answers
2k views

Can you be accused of hotlinking/copyright violation if you use an iframe?

Can you be accused of hotlinking or copyright infringement if you use an iframe (web element) of another website? Can you be sued for this if the website doesn't prevent iframe using and doesn't ...
16
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2answers
1k views

Can I name a real company after a fictional company found in a book?

Can I name my company after a fictional company (of the same type) found in a book?
2
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1answer
67 views

What is trademark tarnishment or dilution under US law?

What is a person not allowed to do with a trademark in the US, beyond using falsely to sell goods? In what ways can a trademark owner prevent tarnishment (disparagement) or dilution (blurring)?
9
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1answer
620 views

Is it legal to write software to convert data from a proprietary format?

I have created a piece of software that converts a proprietary format from the database blob of a large, well known commercial software company into the equivalent open source data type. The large ...
5
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2answers
1k views

Trademark “un-revivable”?

I've encountered a trademark in the USPTO database which is listed as: CONTINUED USE NOT FILED WITHIN GRACE PERIOD, UN-REVIVABLE What does this mean and what rights might the trademark registrant ...
3
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1answer
1k views

Naming products after fictional objects or characters

We are a small company developing a product we want to name after a character named "Arwen" from "Lord of the rings". The product itself has no connection whatsoever with the actual character, we're ...
1
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2answers
78 views

America's Cup boat model

We would like to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to replicate ...
0
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1answer
557 views

Usage of Disney character names

I am opening a small business making t shirts. I want to use the name of a Disney character on one of my designs as well as an image that is something the character holds in the film. I have hand ...
0
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2answers
124 views

Can I name a company e.g. “Nike” in a piece of art such as a game?

I am thinking about developing a game. In the dystopian world the game takes place in, companies are named after Greek Mythological Gods. One of them being Nike (the God). I guess that could be seen ...
0
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1answer
91 views

Can I use a cancelled trademark if the owner is still manufacturing the product?

I recently stumbled upon a product patented in the 1950's--let's say it's a beard comb called the "Drongle" After the patent expired, another company trademarked "Drongle" in 2006 and began selling ...
-1
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1answer
941 views

Can I use real life brand names in a computer game?

I'm working on a computer game, where the player will be controlling a fictional country in the 1950s. I want to make it possible for the player to purchase products with real life brand names. For ...
37
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4answers
11k views

Can UPS really trademark the color brown?

So, today as I received an email from UPS, I read the disclaimer at the end and it said: © 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of ...
35
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7answers
8k views

Can “Dumb Starbucks” be legally considered Fair Use as satire or parody?

About a year ago, a new, familiar-looking coffee shop opened in LA. Their reasoning for this was, basically, that it's making fun of the popular coffeehouse chain and is thus fair use: Naturally, it ...
13
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3answers
4k views

Understanding trademark infringements in a world where many dictionary words are trademarks?

How does one even create the title of an app when basically most nouns in the English language have been trademarked? When and when isn't a trademark valid? For example, I was surprised that even the ...
5
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1answer
422 views

Can I legally update, republish and sell an old electronic game?

I played a game back in 1999 from Westwood Studios that really impacted me, and I want to remake it with modern graphics. Westwood Studios has since been acquired by Electronic Arts and I would like ...
5
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1answer
7k views

Can I use the ® symbol in the play store for a trademark registered in the Benelux?

When publishing an app in the Google Play store, I would like to use the ® symbol for the name of a product that is not registered as a trademark in the USA, but it has been registered as such in the ...
3
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1answer
93 views

Transfer of Ownership of a Trademarked Domain Name

Building upon the question "What is the relation between Trademarks and Domains?": ...if I register a domain when no trademark exists, but then someone registers the trademark... Can that ...
5
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2answers
127 views

What is the relation between Trademarks and Domains?

For what I have read here, I understood that if I buy a domain of an already registered trademark (in which country, by the way?), I might have a problem at hands. But it is not clear to me what ...
1
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2answers
160 views

what happens if a brand or company's name is a common everyday word?

What happens if a company name is an already existing commonly used word, i.e. Always? Could for example, a movie studio decide to make a movie and call it "Always", even though there is a feminine ...
4
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3answers
4k views

What are the laws on showing another company's logo in commercial photos?

On a webpage we would like to have a background image demonstrating our product on different devices. The current images we have contain an Intel logo and an iPad (logo not visible but clearly an iPad)...
3
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2answers
182 views

Is it legal to display third-party logos as part of “As featured in” on sites/printed ads without their consent?

More companies have been including media outlets' logos under their site/printed marketing material as part of "As featured in" to provide more social proof. Is it legal to include the logos without ...
3
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1answer
171 views

Naming free software and avoiding trademark collision

I have stumbled over a problem how I can safely name my software. I would like to have a name with a cultural reference, that is character names from older literature or folk tales. Now, there is the ...
3
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1answer
227 views

How do i refer to a trademark I don't own without infringing on it?

Say, for example, I have created a product which is compatible with a specific existing technology. Like an Apple iPhone case. I would like to tell the user that my new case can be used with their ...
2
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2answers
140 views

Using copyrighted or trademarked names for different ideas in fiction

My question concerns using names in fiction that happen to be the same as copyrighted or trademarked names. I've developed a large fictional world for my writing, with hundreds of names of people, ...
2
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2answers
381 views

Trademark Infringement notice for usage of a dictionary word Jacuzzi in app - Google Play Store

I'm a 1-woman independent developer who made an app called Front Jacuzzi Back Corgi - or FJBC for short. Today, I received a trademark infringement notice from Jacuzzi.com It's unexpectedly not from ...
2
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1answer
549 views

Can I use a store name as part of my trivia game?

If I make a trivia card game or video game for sale and one the questions is "Which grocery store was founded in 1930 by George W. Jenkins?" and the the answer is presented as "Publix". Is this a ...
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2answers
104 views

How well can characters be protected?

There are lots of attributes that are better covered by either a copyright or trademark, but suppose there is a business that makes movies, short films or games or comics uses and "Darth Vader" in ...
1
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1answer
182 views

Can a trademark supersede or preempt a person from using their own name?

I remember reading a case years ago where a woman named Sharon Corr sold a product called "Corr's Ginseng Up." (Adolph) COORs (a beer company) sued for trademark infringement and lost. The two names ...
0
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1answer
338 views

Can I use the copyright symbol and rights statement if I haven't registered the copyright?

Am I legally allowed to put the (C) Copyright, all rights reserved text at the bottom of my website, if I have a logo that I own but have not registered the copyright or trademark in the logo in ...
0
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1answer
108 views

Would Google's Alphabet Inc. have any rights to alpha.bet?

If you own a "Google" trademark, then your sunrise rights to "google" in any of the newly proposed generic TLDs would likely be quite straightforward. However, what about domain hacks? There appears ...
0
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1answer
20 views

Does a trademark application for technology like semiconductors or voting machines require an invention or embodiment?

New York Times' China Grants Ivanka Trump Initial Approval for New Trademarks: HONG KONG — China granted initial approval for 16 new trademarks to Ivanka Trump, the president’s elder daughter and ...
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2answers
2k views

Can I make fan merchandise and sell it?

Can I create Overwatch fan merchandise (such as prints, buttons, keychains, etc.) and sell it at conventions?
0
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1answer
122 views

Trademarked name in domain name

Lets says someone purchases a domain name such as www.Google.photography. This is not a generic top-level domain (.photography). If say I intend to use this site non-commercially to allow users to ...
-1
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1answer
38 views

Trademarks replicate - America's Cup boat model [duplicate]

We receive an order to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to ...