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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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'...
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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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How are programming books written if language names are trademarked?

For example, you might want to talk about Java, but Java and its mother company Oracle are trademark names. Or you want to mention the Spring framework which is a registered trademark. Or mentioning ...
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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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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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How does trader joes copy everything?

If you have ever been to Trader Joes you'd see that ever single item is a copy of another brand. For example Joes Os are actually Oreos, Baked Cheese Crunches are actually Chetos. But they do this ...
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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 have “Amazon” in my company's domain name?

I am developing a website that sells gift cards and at this point in time I am planning on selling only Amazon gift cards (in the beginning at least). I'm at the point where I need to pick a domain ...
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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
147 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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Can pricing be trademarked?

This earlier question asked whether a pricing scheme could be copyrighted. I wonder if pricing could be trademarked. Suppose Christopher Columbus Pizza was famous for selling a large pizza for $14....
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Is it legal to use “Java” in a domain name for a website?

I want to register a domain (within Poland) that contains "Java" word in it. Am I allowed to it, or is it illegal? I heard about the case of Vavr (formerly Javaslang) which changed the name due to ...
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Is it recommended/mandatory that i include the ™/© symbols?

In my current scenario i'm required to fill a drop-down with software options so the user can select the options he's familiar with. This list includes names like "AutoDesk AutoCAD" and "Adobe ...
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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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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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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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842 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.?) ...
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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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Trademark Infringement notice for usage of a dictionary word Jacuzzi in app - Google Play Store

I'm a 1-woman independent developer who made an app called Front Jacuzzi Back Corgi - or FJBC for short. Today, I received a trademark infringement notice from Jacuzzi.com It's unexpectedly not from ...
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Can you legally copy curated data from a software program?

Say someone has curated a lot of data, such as molecule data, astronomical data, animal data and such like into a software program. Can you legally harvest all that data and put it in your own ...
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Can a company suddenly start to enforce a trademark after years of neglect?

Recently, a law firm representing Oracle demanded that Apple take down an app with the word "JavaScript" in its name from Apple's App store, as Oracle owns the trademark for the word "JavaScript". ...
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Using trademarked names as a reference in a commercial context

Is it possible to use a trademarked name as some sort of a reference for public available data (even when used in a commercial context)? Non-Commercial example: Let's say we have an app that displays ...
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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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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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Can a company use another brand's name when describing their product?

I'm working on a project and the best way I've found to sum it up, essentially my elevator pitch, is by saying: It's like X for Y. Can I use the brand in this context as the tag line for my ...
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What is trademark tarnishment or dilution under US law?

What is a person not allowed to do with a trademark in the US, beyond using falsely to sell goods? In what ways can a trademark owner prevent tarnishment (disparagement) or dilution (blurring)?
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Is it legal to cut a designer logo off of a piece of clothing, sew it onto another and sell it?

What if I were to cut the Versace or Nike logo off of an old, ruined piece of clothing, sew or glue the logo onto other piece of clothing and then sell it. I would tell the buyer in advance that the ...
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Does this German company really control the use of the term 'emoji'?

Important disclaimer: this question is not about any particular set of emojis (designed by a company or whoever else). The pictures themselves are obviously intellectual property and belong to their ...
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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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Do trademarks span multiple languages?

The question is very simple, does the trademarking of a name, mean that they own that trademark in every language? For instance, Windows is a trademarked product that has their namesake trademarked ...
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Why is the trade name of a drug always written in all caps, even when the wordmark isn't?

One thing I've consistently noticed in TV commercials and other marketing materials for drugs is that the trade name for a drug, especially a prescription drug, is almost always written in all caps ...
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241 views

Can an unintentional creation due to a software glitch be trademarked or copyrighted?

Say that I write a computer game that involves a number of characters. I choose to trademark some of the characters I think are more marketable, and copyright my game. To my surprise, fans discover ...
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Distribute a XUL Application using Firefox binary

I'm going to release a XUL Application to my users. It's freeware (and maybe it will be opensource-ed later). Previously I used to package it with XULRunner and ship them all to the end user. Now I ...
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Legalities of using Trademarked Fictional Names for products

What is the legality of naming a product or service after a fictional name, object or character from a book or other creative material (movie, video game, etc)? In each of these examples below, the ...
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Gaining control over domain name being used by scammers

The company I work for has a U.S. trademark on our name, and operates a site of [COMPANY].com We're now aware of two instances where scammers are impersonating our company and have registered ...
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Trademark use in software package names (USA)

Does the use of a Trademark in a software package (an NPM package for example) qualify for descriptive fair use if its usage is intended to describe how the package relates to the original trademarked ...
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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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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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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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1answer
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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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Use of TV show names on drop shipping website

I'm setting up my own drop shipping business. What are the legalities behind the use of trademarked TV show names? Some of the catogories of products I have for sale would be specific TV show ...
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Regarding the legal use of a trademarked name in my Android application's package name

I'm not sure if this is the correct place to ask, but I had a quick question regarding using the word/trademark "GitHub" in my Android application's source code (not that actual part that users can ...
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Is it allowed to sell 3D models of existing brands?

Case: I make 3D models for architecture. Now I made a bundle of IKEA furniture to use in my interior scenes. I do this for clients to give them a visual representation of what a room can be. Because ...
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Yacht Rock and the Intellectual Property Rights of Work Trademarked by a Second Party

So I'm curious about the legal standing of an IP trademark owned by a party that did not originate the concept, but which is using it, potentially to the detriment of the original work, to suppress ...
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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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Can I include (similar styled) art/characters from other apps in my free trading card game app?

Say I wanted to make a free (+no ads etc.) app which is essentially a trading card game but the cards consist of characters designed to be similar to ones from other apps. For example, one card would ...
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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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How to register a descriptive European trademark?

The trademark "TEXT TO BUY" is descriptive and non distinctive trademark. It is descriptive for an obvious reason: it exactly describes the service it is a trademark for. It is a service "to buy" and ...
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Can a registered user of a word mark which was registered as whole, break the word into parts and use it in the products sold?

As the question says if a user of a particular wordmark breaks his word into 2 and uses it on goods sold(tm is engraved on goods) then can he seek protection in case of potential infringement.
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First-to-use vs First-to-file trademarks

As I understand it, first-to-use ownership of a mark trumps first-to-file. If that is true, why spend money on getting a trademark for your business name?