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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90 views

I will have problems if I name my app like an existing company? [closed]

I'm doing a crossplatform software, for now unreleased. I have created the software (is a backup platform), the website, the logo and everything else anyone should have for making a successful ...
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916 views

Trade Marks Act 1999: How to respond to objection as per Section 9(1) (b)

This is with reference to Section 9(1) (b) of the Trade Marks Act 1999. I got an objection regarding my trademark application under the above section. The examination reports it as : The above ...
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WhatsAPI Use for iOS App - legal/illegal ? & Specific boundaries?

I don't know if this is the right place for this question or if there is a better one, if so, please forgive me :) I recently bought an Apple Watch and soon enough found out that WhatsApp does not ...
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52 views

Can I use the name of a TV serial / movie for my novel

I am planning to write a novel in which the name of one of my character is Agent X but I found out that it has been used as a name of a TV serial.
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Would “Puff Daddy” sue if I call my social media thing “Puff”?

thank you for reading! I want to name something after part of a rapper name. So that I don't give away the name, I will use "Puff Daddy" as an example and I want my product to be "Puff" as an example ...
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When does a trademark become enforceable?

From reading on the USPTO website, a trademark seems to go through a standard series of stages: filing, examination, publication, registration. At what point can the individual who filed the ...
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90 views

Company name abbreviation matches UGG

I am currently developing a website for a company called Used Guitar Gear and are looking to use UGG throughout their site. They trade in music equipment and only in the UK just now, however, are ...
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1answer
57 views

Social Media and CC Licensing on copyrighted names or images

I am wishing to make an app that targets a specific fan community for a game by Nintendo. I am trying my best to avoid copyright and trademark issues. Here are my questions: 1) Images I am using do ...
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Why does there appear to be a difference between depicting vehicles in games vs. in movies?

I've been trying to wrap my head around trademark/copyright/trade dress law in the US as it pertains to the depictions of real brands in fictional works. As far as I can identify, it is legal to ...
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1answer
39 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 ...
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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 ...
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53 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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186 views

Can I print t-shirts with logos of foreign national parks and sell the shirts online?

I'm in the U.S. and considering printing t-shirts with foreign logos of national parks on them. The shirts would be sold online. In many cases, it's difficult to determine if these logos are ...
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3answers
10k views

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
690 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 ...
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How can a restaurant, Old Homestead Steakhouse, continue their false claims of selling Kobe beef?

About a year ago, Inside Edition reporters first revealed that two high-end restaurants in New York City, La Bernardin and Old Homestead Steakhouse, were serving beef that they claimed to be Kobe beef,...
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184 views

Can I legally recreate public Japanese buildings in a 3D game?

I'm wanting to make a game set in Tokyo, specially Asakusa. I want to loosely recreate some of the streets and buildings to really nail the feeling of being there. Is it legal to recreate buildings ...
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Apple prohibited using an apple image?

Here are "Guidelines for Using Apple Trademarks and Copyrights" from Apple. They say: These guidelines are for Apple licensees, authorized resellers, developers, customers, and other parties ...
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Could I be sued for a similar-sounding domain name?

I'm a software/web dev, and I had an idea for a joke website. Since all of the variations with the word "news" I would like are taken, I thought I'd just replace it with "shoes." A few things worth ...
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What allows song lyrics to be used as titles in someone else's work?

My question was inspired by this question on Writers SE. There was a debate as to whether a person could use "non-generic" song lyrics as titles (e.g. for chapters) in their own work. One person ...
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1answer
2k views

Would fair use apply to the usage of Pac-Man within a QR code?

I thought I was rather clever putting Pac-Man and the four ghosts within a QR code for my business card, but I started thinking about the inherently gray copyright laws that I admittedly know too ...
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2answers
151 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, ...
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1answer
58 views

Are you legally obliged to show the registered symbol with a logo?

If an external company's logo includes a registered symbol, are you obligated to reproduce it (in a link to their website, for example) along with this symbol? What if the usage guidelines dictate the ...
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1answer
54 views

Use of trademark related domain with permission

I have a domain (and a website) that is closely related to the very very well known product. If that product was name Foo, my domain is foofaq.com and provides faq and news about Foo. At the ...
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169 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 ...
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121 views

Can a Company be Sued for not Complaining About Its Trademarks Infringements?

Eyeo is the owner of a software called Adblock Plus. It is German company and operates under EU. They have the trademarks of Adblock Plus. But they try to take down all other software that contain ...
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247 views

How to establish a legal basis for exclusive use of names like Champagne

I heard that the name Champagne can be used only for sparkling wine produced in the Champagne region in France and recognized by an association there, and that it is prohibited to call other sparkling ...
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84 views

Does Capitalization/Spacing Affect Trademark Protections

Does the capitalization style/usage or spacing of a registered trademark (wordmark) affect trademark protection? For example, say the name "MegaCorp" (no space) is a registered trademark with the ...
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1answer
35 views

Does a vendor need to research trademarks of material a client wants to use?

Suppose I operate a T-Shirt print shop at a mall. Customers can come in and buy one of the displayed T-Shirts or they can go to my website, upload a photo and come to the store to pick up a T-Shirt ...
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1answer
76 views

Trademark infringement between product and software

If a toy company has a registered trademark, does it stop an app developer from creating a social app using the same name which has got nothing to do with any toy products whatsoever? Would this even ...
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1answer
101 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 ...
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2answers
500 views

Can company name conflict arise between two companies in different geographic market?

I am about to register a name for an Information Technology company in Nigeria, and it turns out a company with the same name already exists. However, this other company is registered in India. This ...
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1answer
97 views

“Like Facebook, only better” - Can I legally use this in marketing?

"Like Facebook, only better" - Can I legally use this in advertising for my website. Is it possible to do so without getting sued?
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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 ...
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1answer
135 views

Can I get a generic name trademarked?

This article (and my knowledge about trademarks) says Generic Names can't be trademarked. So my question is about the genericity of a name and the probability of getting it trademarked. I own a ...
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1answer
464 views

Can a minor copyright or trademark?

Am I allowed as a minor to copyright materials and trademark names in Utah?
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50 views

can i trademark an image someone posted online from their friend

I really like a drawing someone posted. It was an image someone's friend drew for them so she could put it on her car. she was just showing it off in an online forum. thx If I cant trademark it, can ...
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1answer
60 views

Trademark infringement?

I have a mobile app that applies filters to user photos. Suppose that i want to add a filter (or a set of filters) named "Gotham" or "Daredevil" or "X-Men". Suppose this filter (or set of filters) are ...
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1answer
57 views

Using a trademarked item in another product

There is a trademarked product used in therapy that is used to increase breathing capacity. I would like to use that product in a kit with protocols and instructions that would improve its current use ...
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1answer
585 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
79 views

Is it OK to name our app generically?

We're creating an app and want to name it generically, like Calendar. Calendar is already trademarked for alcoholic beverages except beers. We want to make sure we're doing our due diligence in ...
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2answers
88 views

Can the phrase “who is on my wifi?” be protected from use by others?

I own a app called "who is on my wifi?" which offers a functionality you can guess, giving you list of devices connected to your wifi router. There is one similar app which is older than mine and ...
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2answers
114 views

Is it legal to use a Similar item of another Person's work in your own Work?

I'm going to use Ketchapp's Basketball App as an Example. In the Game, you can have Unlockable Skins for your Basketball, and some of those Skins are recognizable icons or things from other games like ...
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1answer
209 views

Using #hashtag on social media - does trademark protection apply and is it possible to get sued for damages?

Due to trademarks I cannot call my new company AppleComputers or CocaColaBeverages (obviously). What if I start using #AppleComputers hashtag in my tweets or posts on Instagram? In other words: Is ...
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When am I infringing on a trademark?

I'm going to release an open source project, let's call it ABC. My project is a piece of software that is non-commercial. However, ABC already exists as a trademark for an existing company. My ...
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1answer
192 views

Can I use a trademarked name as part of mobile app title?

I have created an app which is basicly a tool for some other trademarked product. Because I want users looking for an app like this to know what is it for, I would like to use the trademarked name of ...
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1answer
49 views

How is trademark infringement in online ads regulated internationally?

I am currently studying intellectual property law in Norway and I am looking for some help with an assignment. I am wondering about online infringement of trademarks. Here is an example: An online ...
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5k views

Can two companies have the same name if they are from unrelated industries?

I've been trying to figure out a name for my new videogame company - and just when I thought that I got the perfect idea, a quick google search shows me there is a small business in the UK with that ...
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What is the law requiring a product to be labeled : “This product is not manufactured by…”

I see it on products that look similar to others. Is there an authority that checks new products and decides that people will get confused with other products? Why not just require them to change the ...
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Use of trademarked logos for an online resumee/cv

StackOverflow just introduced the developer stories. When filling out your own story, you have the possibility to add a logo for each position (in a company) you held or each institution (e.g. your ...