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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13
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6answers
2k views

How do trademarks apply to Open Source?

How do trademarks apply to open-source? Hypothetical: In the early 1990s, there is a company operating under the name Portable Network Graphics, who brands their products with the mark PNG. They ...
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1answer
94 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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Using the same font style & colours of Monopoly - not a board game but a different industry: Real Estate [closed]

I am wanting to use the same font and colours as the Monopoly board game for my rebranded real estate office - Monopoly Real Estate - Your Next Move - here in Australia. (The name has been approved ...
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1answer
65 views

Can I use a symbol that is similar to a trademark?

I don't know if I can use a symbol that is a bit similar to a trademarked symbol. For example, can I use the Alchemist symbol for philosopher's stone. It is very similar to the symbol of deathly ...
6
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1answer
2k views

If trademarks are ultimately enforced by who used it first and not who registered it first then what is the real point of registering?

From all that I've read, trademark disputes are ultimately decided by which entity was the first to use the trademark and not which entity was the first to register it. The word "use" can be ...
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2answers
1k 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 ...
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2answers
36 views

Reasonable to assume mobile application trademark protection will allow for robust competition?

The USPTO 009 International Class category for trademarks, which covers "recorded and downloadable media, computer software", is where every mobile application seeking trademark protection ...
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2answers
118 views

Can I sell a computer game that is based on a real board game?

As a group of friends we started coding a computer game based on a board game called A (insert a board game, like monopoly). There are already digital forms of the game around made by the original ...
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1answer
428 views

questions about the Rubik's cube trademark/copyright/patent

i checked Rubik's cube image rights and i'm still confused about the legal protection of Rubik's cube. I know the patent expired and their 3d trademark lost a case in EU. Does this imply they ...
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1answer
2k views

How can the title “13” be so common?

According to the Wikipedia disambiguation page for 13, there are nineteen albums, four songs, two movies, two novels, a card game, a manga, a musical and a play all titled "13", not counting ...
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2answers
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How risky is modifying the logos of social media sites?

A lot of websites have social media buttons, which allows users to share the page on various sites. These buttons use the logos of these sites. Most social media sites don't allow third parties to ...
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3answers
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Can a ® so small as to be reduced to a dot confer any legal protection?

The Bank of America iPhone app's icon has a very small ® next to the logo (shown below). The ®, barely visible in the blown-up picture below, is reduced to a small, vaguely pinkish dot on any device ...
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2answers
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Yacht Rock and the Intellectual Property Rights of Work Trademarked by a Second Party

So I'm curious about the legal standing of an IP trademark owned by a party that did not originate the concept, but which is using it, potentially to the detriment of the original work, to suppress ...
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3answers
248 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 ...
23
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4answers
5k 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
86 views

USPTO: Intent to Use Trademark Registration

Intent to use trademark registration with USPTO in the US. Individual legal entity type. An intent to use trademark registration does not show evidence of a mark being used in commerce. An ITU ...
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1answer
53 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 ...
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1answer
895 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
51 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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1answer
146 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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2answers
111 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
68 views

How to establish first use in commerce?

I recently learned that it's not the first person to register a mark that gets ownership, but rather the first person to actually use the mark in commerce that gets ownership. So what's the best way ...
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1answer
54 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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1answer
103 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 ...
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0answers
80 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 ...
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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
49 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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1answer
148 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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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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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
74 views

LoRaWAN: is it allowed to write that my product is compatible with LoRaWAN even if it is not certified by LoRa Alliance?

I have a question concerning LoRaWAN protocol: Is it allowed to write that my product is compatible with LoRaWAN even if it is not certified by LoRa Alliance? I do not know exactly what can I write in ...
0
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1answer
34 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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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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2answers
52 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
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? ...
2
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1answer
69 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 ...
0
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1answer
51 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 ...
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1answer
95 views

Does the USPTO distinguish between downloadable software regarding trademarks?

Trademarks protect marks within their own categories, which can loosely be defined as fields or industries. However, some categories, like IC009, which covers downloadable software, is very broad. As ...
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3answers
75 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, ...
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1answer
797 views

Can your business have the same initials as a major corporation?

By coincidence, if my company was “Internal brilliance method”(I just made that up) could IBM(international business machines) sue me over trademark infringement? In different industries different ...
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
123 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
112 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
50 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 ...
0
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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 ...
1
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1answer
48 views

Using photos from another website to sell merchandise

Under what conditions is using some other brand's logos and pictures on a commercial website allowed? Could I use, for example, a picture of a Dell computer (taken from their website) of a given model ...

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