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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1answer
317 views

Can a trademark supersede or preempt a person from using their own name?

I remember reading a case years ago where a woman named Sharon Corr sold a product called "Corr's Ginseng Up." (Adolph) COORs (a beer company) sued for trademark infringement and lost. The two names ...
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Redistribution of fan art that used copyrighted assets as a reference in the US

(In the context of United States law) Basically I plan to rip model files from legally-obtained video game ROMs and then use those models as references for fan art (high-poly remodels of characters, ...
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427 views

Is printing a personal card using some parts of a board game considered Fair Use?

I'm planning on doing a personal card using only the original layout and background design of a Magic The Gathering card. I have read that the art, mana symbols, "Tapping" symbol and Font have ...
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Can I reference the name of a museum in an art book title?

I am self publishing a printed book of drawings I've made at a natural sciences museum. Is it okay to use the name of the museum in the title as Drawing at (insert museum name)? I do plan to sell ...
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318 views

Can I trademark a slogan that uses the word “JPEG”?

I'm planning on using a slogan that I could trademark and was wondering if using the acronym "JPEG" is possible? I want to reference the fileformat .jpeg not the joint comittee it's short for. I'm ...
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Legal issues for using super hero in t-shirt design?

How can online company like Amazon, eBay, Redbubble, and Teepublic, have designs that sell trademarked super hero t-shirts and not get into trouble? Here are some examples, all designed by random ...
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Can I break a trademark word into two terms and use it for my products?

I was recently approached by a company to stop using the name "Brain Dots" because they have trademarked the word "BrainDots". "BrainDots" is a single word where as "Brain Dots" are two separate ...
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Rubik's cube image rights

Some time ago I have created an Android application as a part of my bachelor's thesis. The application can advice user how to solve Rubik's Cube, and user also can play the Cube using touchscreen. ...
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Legality of a Business Name inspired by fictional characters

Let's say I wanted to start a new business named "Natasha, Inc" whose core product was spy hardware and software. Or maybe one named "Howard, LLC" whose core purpose was inventing new technologies. ...
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Using photos from another website to sell merchandise

Under what conditions is using some other brand's logos and pictures on a commercial website allowed? Could I use, for example, a picture of a Dell computer (taken from their website) of a given model ...
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Darth Vader mask trademark copyright

Okay so I created a Typographic image. (an image that forms the shape of something only using text/fonts) Now i want to submit this as a piece of work for a university project 'create a typographic ...
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Legal issues of a website such as [businessname]sucks.com

What kinds of legal issues do websites such as [businessname]sucks.com have in terms of copyright infringement, libel and defamation, and/or other issues? Let's say there is a website called [...
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Questions about real people and fictional characters in novels

I was wondering if any legal experts can give me any advice about how much freedom a writer has to refer to real people and places in a fictional work and in what situations it's best to get ...
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Can UPS really trademark the color brown?

So, today as I received an email from UPS, I read the disclaimer at the end and it said: © 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of ...
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Is it legal to use the TM symbol?

I am making a game, and I have a worries is it legal to use the Trademark Symbol in the logo of the game?
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How do I file for a Trademark or Service Mark in a US state?

How and where do I simply file for a state trademark? Should I do a service mark instead? I am trying to file a business name and a slogan, so I'm expecting to do two separate filings. I am in ...
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Acceptable use of trademark or logo for web links

I presume that copyright does not restrict me from referring to, e.g., Acme Corp. publicly. I also presume that if I write an online article about Acme, I am free to include links to their online ...
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Should I take permission from the game owner to provide a guide of the game

I am planning to publish a guide to play a game which is available for mobile platform like, iPhone, android...etc. It is a very popular game, like many millions play this game. To publish the game ...
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Is it ever legally beneficial for a third party to use symbols indicating intellectual property (©, ℗, ®, ™, ℠)?

Background This question on Academia SE asks whether one should append a trademark symbol to trademarked software in academical writing, e.g. “Mathematica®”. In the answers and comments (e.g., here, ...
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Website shows which Powerball ticket combos have been picked

Recently it has been big news that the Powerball lottery has grown to record jackpot sizes and if no winner by Saturday it could hit 2 billion dollars. There are roughly 2.92 million possible ...
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Referring to trademarked names for profit

I am developing a tycoon type videogame about being a Game Developer. I kind of want to tell the history of the consoles and games through the history mode but I have a couple of doubts regarding ...
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1answer
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Using Microsoft icons for demonstration purposes

This text is from https://www.microsoft.com/en-us/legal/intellectualproperty/permissions Microsoft product icons are the thumbnail-sized images indicating that a Microsoft product has been installed ...
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Would creating software that functions in a similar way to existing software be illegal?

If I create software that is similar to other software, would I break the law? I mean not exactly the same, there would be many differences; let's say I'm going to create a blog platform, and there ...
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Former employee using our company name

My wife and I have run a company for the last 6 years. Unfortunately one of our former employees opened a website using our logo, pictures, and referring to himself as if he were still our employee. ...
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What is the penalty for unauthorized use of the registered trademark symbol ®?

Is it a crime or otherwise problematic to use the symbol for registered trademarks in the U.S. if there is, in fact, no registered trademark present? And, if so, what is the penalty? Symbol in ...
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Can I use an existing trademark of a 3rd party to name a totally different product of mine?

For example can I start producing exclusively designed plungers and name them "Colgate" (like the toothpaste), write my own Internet browser (to compete with Google Chrome and Mozilla Firefox) and ...
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Trademark Section 2(d) Refusal: Likelihood of Confusion

I'm having some trouble with a Section 2(d) Refusal: Likelihood of Confusion for a self-filed trademark in two classes. The fictional example below closely and accurately replicates the situation: ...
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What does USPTO status 604 “Abandoned after inter partes decision” mean for a trademark?

What does the United States Patent and Trademark Office status 604 Abandoned after inter partes decision mean for the trademark? Is the trademark in the public domain or so clouded that it could be ...
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5answers
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Can someone take a image under copyright by a third party and legally use it as a Trademark without permission?

I am wondering how this kind of situation is typically handled. I know that if you fail to protect your trademark, others can use it, but the same cannot be said for a copyrighted image. I am sure ...
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348 views

Legal aspects of using logos from a LaTeX package in resume

I was thinking about using Skype and LinkedIn logos from fontawesome package to provide corresponding contact details in my resume. But I am not sure if I am violating any rules. Can anyone throw some ...
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OEM Legislation

As an OEM, is it legal to use branded motherboards, such as ASUS in our own enclosures. I am aware that the other parts get used by major computer makers such as HP. However they usually make their ...
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1answer
168 views

Substrings used in a trademark

The Linux Foundation is a registered trademark of The Linux Foundation. Linux is a registered trademark of Linus Torvalds. But Linux is a substring of The Linux Foundation. Is it OK for someone to ...
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Do I have to write the (R) and (TM) of e.g. “Intel Core i5” in an academic publication?

I'm finalising an academic publication (a written research paper that will be published at a conference and be available online), and I am mentioning the computer used to run the experiments: Intel ...
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295 views

Legal Grounds and Claim to a Cease and Desist?

The Question I own a dot CO (example.co) domain name since August 2010. A certain company using the same name and similar domain name (dot COM) has been in the mark and publicly traded since late ...
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Can you use other company's brand or logo in your own marketing campaigns?

Company X is an online betting app for Football (soccer). They want to advertise on twitter or facebook for upcoming matches between certain football clubs and tell their users that they can start to ...
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Can an customised open source prject be protected by IP law

My designer created a logo for me using an open source design (with slight change). I wasn't aware of it uptill I visited colombia and saw a merchant selling T-shirt with the same design. Now I want ...
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Can you be accused of hotlinking/copyright violation if you use an iframe?

Can you be accused of hotlinking or copyright infringement if you use an iframe (web element) of another website? Can you be sued for this if the website doesn't prevent iframe using and doesn't ...
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1answer
2k views

Naming products after fictional objects or characters

We are a small company developing a product we want to name after a character named "Arwen" from "Lord of the rings". The product itself has no connection whatsoever with the actual character, we're ...
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2answers
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Is it legal to display third-party logos as part of “As featured in” on sites/printed ads without their consent?

More companies have been including media outlets' logos under their site/printed marketing material as part of "As featured in" to provide more social proof. Is it legal to include the logos without ...
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Can I name a real company after a fictional company found in a book?

Can I name my company after a fictional company (of the same type) found in a book?
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How can I determine whether I can use a name commercially?

Where can I search for whether I can or cannot use the name "Connect 4" or "Connect four" for my game?
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Trademark “un-revivable”?

I've encountered a trademark in the USPTO database which is listed as: CONTINUED USE NOT FILED WITHIN GRACE PERIOD, UN-REVIVABLE What does this mean and what rights might the trademark registrant ...
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Can Polaroid force me to remove my app from the store?

A few years ago, I create a simple app that allowed the user to create fake instant camera photos on their smartphone. A few month ago, I received an email from Polaroid stating that my app had to be ...
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1answer
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Can I make fun of VW car company in a game?

I'd like to make fun of a company in a computer game (obvious parody/satire/etc.). Let's say I change the logo, so it's a "WV" in a rectangle instead of a "VW" in a circle and change the companies ...
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When google.com was available to be bought after a clerical error, did they lose their right to own it?

When the domain google.com became available to be bought after a clerical error, it was bought by a man for $12 (http://www.bbc.co.uk/news/technology-34504319). I'm curious to know, because Google ...
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1answer
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Sending an Email on behalf of someone else (email spoofing)

Many phishing and spear-phishing operators employ mail spoofing techniques to get their target to open emails, read them and act on them. When acted upon, the phisher either steals something or gets ...
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Is there a fair use exception for trademarks?

The copyright law has the famous fair-use exception, where you can legally use some parts of copyrighted works without having to pay any royalties to, or ask any permission from, the copyright holder. ...
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Can I use a brand name in my book title?

I want to publish a book, which will be sold at a modest price. I will be self-publishing. I'm in the US. My book is, by its nature, very specific. It is basically a "how to" guide for how to write ...
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1answer
171 views

Copyright name of a book vs a fantasy wargame with miniatures

I wrote a book which I released in April, 2015. I've just discovered there's a pen/paper fantasy game similar to dungeons and dragons with the same name that was a kickstarter back in May 2014, which ...
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2answers
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How might this use of the Star Wars logo and universe be legal?

A French book about Star Wars recently came out, giving a psychological approach on the films and characters. The book doesn't contain images, but on the cover, the Star Wars logo is visible, and ...

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