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.

Filter by
Sorted by
Tagged with
0
votes
0answers
99 views

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 ...
0
votes
1answer
78 views

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 ...
1
vote
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 ...
2
votes
2answers
171 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, ...
1
vote
1answer
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 ...
0
votes
1answer
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 ...
1
vote
2answers
192 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 ...
1
vote
1answer
126 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 ...
1
vote
1answer
321 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 ...
-1
votes
1answer
106 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 ...
1
vote
1answer
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 ...
1
vote
1answer
78 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 ...
3
votes
1answer
111 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 ...
2
votes
2answers
614 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 ...
1
vote
1answer
100 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?
6
votes
2answers
179 views

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 ...
2
votes
1answer
196 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 ...
1
vote
1answer
482 views

Can a minor copyright or trademark?

Am I allowed as a minor to copyright materials and trademark names in Utah?
0
votes
1answer
52 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 ...
0
votes
1answer
61 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 ...
0
votes
1answer
59 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 ...
2
votes
1answer
625 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 ...
1
vote
2answers
92 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 ...
0
votes
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 ...
1
vote
2answers
116 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 ...
1
vote
1answer
226 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 ...
1
vote
2answers
95 views

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 ...
0
votes
1answer
229 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 ...
0
votes
1answer
50 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 ...
1
vote
2answers
11k 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 ...
1
vote
1answer
37 views

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 ...
2
votes
1answer
65 views

Legal notices for 3D printing

Recently I've faced a business plan description, where someone suggested to start business of 3D printing. And one of the use-cases is to print models of movies, comics characters and so on. And my ...
2
votes
1answer
41 views

Does an app's name become protected nationally by common law trademark rights the day that it's published?

It seems common law trademark rights extend only to the geographical location in which the mark is used. However, when it comes to apps, there is no defined geographical region; you push it to the app ...
1
vote
2answers
117 views

Is the following a copyright/trademark infringment?

I'm starting a technologically oriented publication at my high school, and when dreaming up a slogan, I thought of doing a pun on the New York Times' mantra - "All the news that's fit to print - ...
0
votes
1answer
33 views

When are names trade-marked?

When are names trade marked? Say I'm part of a sports team called "Big Ball Chasers" and it wasn't me who named the team that. If I latter decide to call my dog the same name join another sports team ...
3
votes
1answer
192 views

What does under license mean?

Gitolite says: NOTE: GIT is a trademark of Software Freedom Conservancy and my use of "Gitolite" is under license. What does under license mean here? Does it mean Software Freedom Conservancy ...
1
vote
1answer
106 views

Help! I wanting to start up a company… but my business name is taken

I have recently wanted to start up a design company/photography business. I have chosen my name but found out someone else online was using it. Their website says copyright 2016. Another website I ...
1
vote
0answers
46 views

Is it legal to use a person's name for a commercial purpose if it is a household name?

As an example, could I make a company called "Einstein Electronics" or "Houdini Locks" (probably not a great name for a lock company) or something without getting permission from the named persons, ...
1
vote
1answer
530 views

Can Donald Trump sue if I use his name in my product name?

I have an app that I want to call "Donald Trump". Now that Donald Trump is a political figure, is it okay to name my app after him (first amendment)? Or does he have a trademark or something over his ...
2
votes
2answers
155 views

What happens when a contract agreement ends?

Before I start, I would like to mention that I'm totally new here, so apologies in advance if I'm posting in the wrong place. Please notify me of such before down-voting and I'll close the topic. I'm ...
1
vote
1answer
69 views

Can I legally use “pokestopclub.com” for a commercial website?

I want to register a domain name like "pokestopclub.com". I think PokemonGo is registered trademark, but the term "pokestop" is not. Can I legally use "pokestopclub.com" for a commercial social ...
2
votes
2answers
171 views

A company giving me a broad copyright permission, but also told me not to use one specific thing

Let's say I run an organization called Shoesies-For-Kids. I know about this really cool art company online. They have some awesome pictures of shoes and I contact them with a "Hey there! I love your ...
3
votes
1answer
520 views

Could I register a trademark already registered for other classes?

I am thinking about a trading name but it seems that it is a registered trademark in the UK for the following classes: Class 9: Computer software and computer programs for use as web service ...
0
votes
2answers
172 views

How can I protect 3D characters which are used as emoji in a chat app?

I want to protect 3D charecters which are used as emoji in my chat app, how can I do it: copyright (the Copyright office of USA offer a registration service) or as trademarks?
0
votes
3answers
564 views

Can you copy a trademark's goods and services description?

Assume a trademark filed with the USPTO uses the language "software used to calculate PI, the square root of PI, and the cosine of PI" in its description of goods and services. Can another, ...
1
vote
1answer
73 views

What rights does a trademark actually give?

There is a mobile game that has TM written behind its name. It is built for iOS and has not been updated for years. I would like to create a new and better version of it, for all operating systems, ...
3
votes
1answer
252 views

How do i refer to a trademark I don't own without infringing on it?

Say, for example, I have created a product which is compatible with a specific existing technology. Like an Apple iPhone case. I would like to tell the user that my new case can be used with their ...
0
votes
1answer
56 views

Is it legal, to use open-source project names on an ad?

I have a plan to make a team and develop web sites, servers, games to customers. Of course, there will be ads on local TV, newspapers. So, my question is: Can I use Open Source project names on my ...
0
votes
1answer
95 views

What does the phase “general interest” mean in trademark law?

Several USPTO trademarks use the phrase "general interest" in the goods and service description. For example: Goods & services: hardware allowing the user to stream video of general interest. ...
4
votes
0answers
56 views

Internet Domains and Trademarks

I have owned a domain in the U.S. for last sixteen years. A foreign entity, who started operations in their country of origin (in Europe), filed a conflicting trademark in their own country in the 70'...

1
5
6
7 8 9