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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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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100 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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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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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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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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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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356 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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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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214 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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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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651 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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414 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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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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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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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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88 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 ...
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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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1k 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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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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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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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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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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54 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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203 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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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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818 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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970 views

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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207 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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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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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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60 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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56 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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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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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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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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103 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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36 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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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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110 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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590 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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