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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122 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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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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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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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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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 ...
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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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40 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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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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Is there a way to obtain a full list of Active Trademarks (word marks) for a specific Goods and Services category?

I'm wondering if there is a structured way to obtain a digital list (XLS, CSV, JSON, XML etc.) of all live/active word works for a given goods/services category. My client has a very large product ...
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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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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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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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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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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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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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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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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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559 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 ...
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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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80 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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111 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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108 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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449 views

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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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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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 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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Can a game designer be successfully sued for using a image of a gun off of google and modeling it and putting it in a game?

If a game designer usse an image of an M4A1 ar, and a Glock and models the guns then put them into a game, can the designer be successfully sued, either by the gun maker or by the artist who created ...
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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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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 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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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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1answer
148 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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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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Business Registration Rules for startup? [closed]

I am the CEO and CMO of a new software based startup in Canada. I have little to no knowledge of company registration rules. I would like to not only register my startup in Canada, but also be ...
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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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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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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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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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4answers
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To what extent can a person use Wizards of the Coast's D&D monster information?

I am creating some software that, at the moment, uses parts of the same format of summarizing creatures as the published works of Wizards of the Coast. Specifically the 2nd edition of Advanced ...
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1answer
105 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 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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2answers
98 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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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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3answers
979 views

Can two companies have names that are similar in EU?

Can two companies that are offering the same services in Benelux have similar company names? Both company names have been registered with www.BOIP.
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Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
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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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41 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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