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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213 views

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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1answer
68 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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270 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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1answer
1k 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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262 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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188 views

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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1answer
62 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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58 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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254 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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136 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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401 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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133 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
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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1answer
84 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
121 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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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
103 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
210 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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497 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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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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62 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
60 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
653 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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96 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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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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120 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
237 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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97 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 ...
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1answer
252 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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63 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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18k 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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1answer
39 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 ...
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1answer
68 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 ...
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1answer
50 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 ...
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126 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 - ...
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1answer
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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 ...
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1answer
261 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 ...
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1answer
108 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 ...
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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, ...
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560 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 ...
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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 ...

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