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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40 views

To what extent does an artwork copyright protect against real life 3D replicas of objects in a video game?

I make and sell real life, 3D replicas of daggers from video games, TV, and movies. Currently I am using the original names of the daggers to sell my products (and I am aware that I am likely ...
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Trademark Protection for Domain Names

Today I purchased a few new domain names, which are composed of very general words. When I attempted to purchase a different domain, adventure.app, I received warning of a trademark claim. I chose to ...
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What are the laws on using a company's logo in a graphic design course?

I'm making a commercial course on graphic design and one of the sections I go over the types of logos like IBM/CNN/HP/NASA are Lettermark based logos. My question more so is how can I legally use ...
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96 views

Can the subsidiaries of a holding company each operate under the same dba name?

Holding company X has subsidiaries A, B, and C Can A, B, and C each file a DBA to operate as the same name ie ACME? How would this be different than Holding company X creating a trademark ACME and ...
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183 views

Can a company suddenly start to enforce a trademark after years of neglect?

Recently, a law firm representing Oracle demanded that Apple take down an app with the word "JavaScript" in its name from Apple's App store, as Oracle owns the trademark for the word "JavaScript". ...
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Using trademark as a name in a book?

I am writing a childrens book and a character in it is supposed to be called Google. Is that legal? I am only using the word 'google' and not the colors, font etc that the word is written on the ...
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123 views

Trademark infringement potential VS no exclusive use of words in a trademark?

I am seeings various trademarks with disclaimers along the line of: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WORD" APART FROM THE MARK AS SHOWN So for example, the WORD is part of two words ...
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824 views

Can you be sued for money if your product is released for free?

Say I create a product that I release for free and take no profit in any way. If this product somehow violates the copyrights or trademarks of another company, is there risk of needing to pay for ...
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Movie title translations in violation of trademark?

In my country (Israel) it is quite common practice to "translate" the title of a movie in such a way so it becomes extremely similar to the title of some past successful movie within the same genre/...
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101 views

Can I make and sell printable worksheets for board games without infringing on copyright?

I'm hoping to sell printable worksheets online for around $2 dollars each that are designed to reformat the character sheets that came with the base board game. Where I believe I am adding value is ...
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100 views

Opposing trademark registration

Context Three years ago, my small team and I created a product that we've been selling ever since. To clarify that I meant to use the name as a trademark, I added the trademark symbol (™) after the ...
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193 views

Does this German company really control the use of the term 'emoji'?

Important disclaimer: this question is not about any particular set of emojis (designed by a company or whoever else). The pictures themselves are obviously intellectual property and belong to their ...
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100 views

Gaining control over domain name being used by scammers

The company I work for has a U.S. trademark on our name, and operates a site of [COMPANY].com We're now aware of two instances where scammers are impersonating our company and have registered ...
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103 views

How to protect my IP

I'm a developer looking to create a startup. However, it's a very unique idea and something I want to protect not only as a "product idea" but also the business brand too. I'm guessing I would ...
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63 views

Is it legel to sell used bikes online as a business?

I am thinking about buying used bikes from China, shipping them to the US and selling them online. I would like to sell branded used bikes. Is this legal? Are there particular copyright or customs ...
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115 views

Trademark use in software package names (USA)

Does the use of a Trademark in a software package (an NPM package for example) qualify for descriptive fair use if its usage is intended to describe how the package relates to the original trademarked ...
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483 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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May I use common symbol (like #, §) as a logo for a company or product of a company?

May I use common symbol (like #, §) as a logo for a company or product of a company? As a trademark? What if I slightly change it? May it be a registered trademark? (Related to the US mainly)
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481 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 ...
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54 views

Trademark infringement, cease and desist

I'm currently looking to trademark a product name for my company. Through research, I've found that another company is selling a similar product under that name with no trademark whatsoever. Is it ...
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70 views

What power does the “Translations” section in Trademarks have?

I have seen that someone trademarked their last name, "ABULAFIA". This last name is very ancient and appears in many scripts and translations dating back 1000 years. The Wikipedia page for this ...
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48 views

Can I create a mosaic for a client in the shape of the Disneyland Castle?

My client would like me to create a mosaic in the shape of the Disneyland Castle. This would involve me creating an outline of the castle on my iPad (just a black line in the shape of the castle) and ...
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41 views

Can I use nodejs logo as part of my course cover?

I'm starting a course about building website backends with NodeJS and I was wondering is it legal to use the NodeJS logo as part of my course cover?
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Shops are stealing my images but I never registered copyright. How can I takedown thieves sellers?

For the last 10 years, I’ve run my own shop with Zazzle where I have over 3000 different designs. During the last few years, I found at least 5 different shops who are stealing tons of designs from me,...
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1answer
70 views

Using trademarked names as a reference in a commercial context

Is it possible to use a trademarked name as some sort of a reference for public available data (even when used in a commercial context)? Non-Commercial example: Let's say we have an app that displays ...
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150 views

I want to publish a book using a brand name in the title

I want to write a book called Confessions of a Lyft Driver. This book will be about that drivers sex life as he picks up women during his normal course of his Lyft driving. Would this be a violation ...
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Featured on Google- Is it legal?

This is not a duplicate of Is it legal to display third-party logos as part of “As featured in” on sites/printed ads without their consent?, but related to this. I have a website. If my websites was ...
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49 views

Clothing brand shown in videos for an app

We shot some videos to be used for our app. All the models signed a paper, saying that they give all rights of the videos, and they understand that their image can be edited. However in some of the ...
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80 views

Can I publish a conceptual logo for a real company in a portfolio?

A company exists. I make a conceptual/redesigned logo for that company, though I have not been hired by them to do so. I publish my proposed redesign (not their current logo/mark) for this company in ...
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2answers
134 views

Can you trademark a phrase consisting of common words?

Could someone trademark a fairly common string of words, like "This is Your Life" or "Ask [Name]"? My question specifically regards to the naming a podcast — not naming a business. There is a podcast ...
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55 views

How can one register a trademark for a mobile app name without a lawyer?

I want to get a trademark for my mobile app. It is available also in App Store and Google Play. Do I need international protection? Do I need register on USPTO or WIPO? I have a low budget. Do I ...
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34 views

Browse all Trademark images as an image return [closed]

I have a logo design that I want to trademark, in addition to trademarking the design of an invention (as additional IP protection in addition to a patent). I started with a reverse Google image ...
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74 views

Legal aspects of using trademarks for sponsorship in free computer games

Because I am a layman, I ask that you excuse my plain language when expressing myself. Hypothetical situation: An open-source car racing game has multiple skins (paintjobs) for each car. The car ...
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1answer
95 views

What are general rules for appropriated logos (Whether you are selling them as a design, or using them for marketing)?

I have a clothing brand I've been working on (no official LLC yet, so I'm worried about any legal trouble). I've been doing full custom artwork for it mostly, but I've been working on a design that ...
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1answer
55 views

What are the legal aspects around distribution of a new work based on public domain work but in a new medium?

For example, this fan wiki page contains a list of some work that is now in the public domain. As I understand it, it is legal to sell these works and even new works based on these. What is not so ...
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46 views

trademark with digit - likelihood of confusion

The fictional example below replicates my situation: A company already creates websites and owns a trademark with a pattern like XXX4 (e.g. "WEB4"). My company builds websites for children and ...
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1answer
821 views

Use of Microsoft Trademark in Product Name

I am developing Add-Ins that extend Microsoft Office applications with additional functionality. As such, I am looking for product names to advertise these Add-Ins. Here's a very crude example of ...
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2answers
116 views

Legal considerations when choosing a mobile app name

We have written what I anticipate to be a fairly popular mobile app in the DIY mechanic category. We are in the alpha implementation/testing phase for google play, and discovered the name we chose for ...
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51 views

Legality of using trademarked text on a T-Shirt

I was wondering how legal it would be to, say, sell T-Shirts with "Star Wars" written on them. I wouldn't be using the logo; I'd be using Helvetica. Is this fair game?
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325 views

Can a political party name be trademarked in the United Kingdom?

Can a political party name be trademarked in the United Kingdom? I appreciate that the name could be registered with the Electoral Commission, but the application process for that requires at least ...
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28 views

Product names on commercial designs?

So, I am a graphic designer and I make a small amount of money selling funny custom t-shirts. These shirts have quick 1-liners which can be interpreted in a number of ways. My current design contains ...
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1answer
32 views

What are the benefits of trademarking a logo along with a name?

I am currently trying to trademark a company name on the USPTO (The United States Patent and Trademark Office). However, I see an option to upload an image (logo) with my trademark application. If I ...
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1answer
157 views

Is it trademark infringement if you put the word 'not' in front?

If someone were to start using a trademarked company name with the word 'not' in front of it would it infringe their trademark? e.g. a company is called 'foo' and their name is trademarked and ...
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1answer
81 views

Can I use logos from vendors in my open-source project?

I have an open-source project that is quite popular with dozens of downloads per day. I use logos from big companies in there (e.g. Cisco or Microsoft) to customize some web pages. The logos are ...
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1answer
570 views

Is the stock ticker symbol protected from copying?

Can one create a personal email address containing the stock ticker symbol of a public company ? My understanding is that Stock ticker is not a trademark and only trademarks are protected.. Please ...
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330 views

Replica of the product - what can I do, What can not

It's not clear to me how far can you move when you are making replica of something. On this example can you help me understand it better please? Let's say I would like to build the replica of the ...
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1answer
56 views

Could Laura Ashley Co. prevent me from giving that name to my fictitious heroine in the U.S.?

Laura Ashley is a UK furniture and fashion company named after its founder. But there probably are plenty of people named Laura Ashley. Some years ago, I was considering giving the name "Laura Ashley"...
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1k 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 ...
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79 views

Can I use the Olympic logo in a card within my board game?

I'm publishing a board game and one of my cards is called "The Olympics" and has the logo in pixel art (Photo link: https://ibb.co/f5yocQ). I know that the logo and the words "The Olympics" have had ...
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1answer
86 views

Legal issues with a company called Elon selling 'musk' cologne

Would I get in legal trouble in the US or UK for starting a company called Elon and selling 'musk' cologne? I know that College Humor made a joke about this a few years ago, but this is an actual ...