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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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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1answer
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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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1answer
161 views

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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2answers
643 views

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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2answers
239 views

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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129 views

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
186 views

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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2answers
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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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1answer
953 views

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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2answers
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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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1answer
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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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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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340 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
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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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2answers
1k views

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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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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1answer
27 views

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
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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
191 views

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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752 views

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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2answers
677 views

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
191 views

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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3answers
5k views

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
2k views

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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2k views

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
170 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
6k views

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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1answer
119 views

Display images of trademarked items in blog post product review

A lot of media, both on the web and in many other forms, offers all kind of product reviews to their readers/viewers. Obviously, they use the name of the product, which might be trademarked, to ...
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Can “Dumb Starbucks” be legally considered Fair Use as satire or parody?

About a year ago, a new, familiar-looking coffee shop opened in LA. Their reasoning for this was, basically, that it's making fun of the popular coffeehouse chain and is thus fair use: Naturally, it ...
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3answers
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What are the laws on showing another company's logo in commercial photos?

On a webpage we would like to have a background image demonstrating our product on different devices. The current images we have contain an Intel logo and an iPad (logo not visible but clearly an iPad)...
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1answer
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Do IP laws (trademark, etc) make web domain addresses containing celebrity names illegal?

This question pertains specifically to intellectual property laws as interpreted in USA. For the sake of discussion here are 3 fictional web domains, each including a celebrity name but each with a ...
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1answer
107 views

Is it legal for me to buy a book and resell bits and pieces of it (artwork or poems for example)?

For example, I take a poetry book and cut out the poems, frame them, and sell them individually. Or I take a book with Star Wars™ art and cut out the pictures and decoupage a dresser and offer it ...
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2answers
928 views

Use of logo, trademark and brand

Let's say X develops an app that tracks injuries of players who play in the NFL... Questions Can X legally name the app NFL Injury Tracker? (...without infringing on any trademarks, etc.?) What ...
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1answer
98 views

Use the name of a product for another type of product

I develop software and computer fonts, and have been wondering lately if I could title my software or computer fonts the same name as products that already exist; for example medicinal products and ...
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2answers
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How risky is modifying the logos of social media sites?

A lot of websites have social media buttons, which allows users to share the page on various sites. These buttons use the logos of these sites. Most social media sites don't allow third parties to ...
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1answer
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Would Google's Alphabet Inc. have any rights to alpha.bet?

If you own a "Google" trademark, then your sunrise rights to "google" in any of the newly proposed generic TLDs would likely be quite straightforward. However, what about domain hacks? There appears ...
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1answer
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Would I need permission to make a TV show called “Stackexchange”?

I was thinking about making a TV show about a bunch of teenagers who learn new things everyday from the Stack Exchange sites. Would I need permission to call it "Stackexchange?"
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Is it safe for a start-up to use ProductName derived from big corporation Product™ name?

We are thinking on product name for our niche software product targeting users of big corporation technology with "PRODUCT™" name (sorry it is obfuscated for now). As we don't compete with this ...
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2answers
2k views

Am I allowed to use my university's logo?

After graduating from college I am more than relieved to be done. What I am curious about is if it is ok to feature the logo image from my school on social media or perhaps on my personal website ...
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1answer
231 views

Is it legal to use a company name that has one word trademarked in the UK?

Is it possible for legal action to be taken in the UK, for example if the word FormatA has been trademarked, and then someone else starts up a company called FormatA Diagnostics Even if the ...

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