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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123 views

Can I use the term “tweets” for posts at my own site?

Can I use the term "tweets" for posts at my own site? And if I put the word "tweet" in quotes?
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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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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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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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Why register many similar marks?

Many companies apply for multiple registrations for the same term and similar goods and services, is that worthwhile? For example, Starbucks owns dozens of registrations for "Starbucks" both as ...
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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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257 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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267 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 ...
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107 views

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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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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587 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 ...
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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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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 it legal to sell a 3d scan of a car in the USA?

Suppose someone were to provide high quality 3D scans of vehicles for the off-road industry. Would it be legal to sell these scans via an online marketplace? They would be either component, chassis, ...
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261 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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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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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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Licensing self-written software and trademark to the company which I own

I wrote software (as a hobby) a while ago and also registered a trademark for it. I thought about trying to commercialize the software, and realized that in order to limit my risks it makes sense to ...
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Can I make and sell printable worksheets for board games without infringing on copyright?

I'm hoping to sell printable worksheets online for around $2 dollars each that are designed to reformat the character sheets that came with the base board game. Where I believe I am adding value is ...
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Can I use the government's seals and logos without its permission?

Is it permissible to use a governmental seal for editorial purposes in a magazine? For example, in a news story about the Bureau of Alcohol, Tobacco and Firearms, could I use ATF's logo to accompany ...
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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 name a business (restaurant) after a fictional character (Jughead Jones from Archie Comics)

I'm far from ready to start a business at the moment, but I'm definitely considering it and working towards being more ready. That being said, I'm mostly considering starting my own restaurant, and I'...
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Will company with product with ® sue me if my company name is the same as their product?

I have purchased the company name Xxxxx Media in a province in Canada, but I recently realized that the product Xxxxx® is trademarked in the United States. I wish to sell my products in the US soon so ...
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652 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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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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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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Can I use a registered trademark in a software to indicate a file type?

I develop a software that contains a file viewer. For the sake of usability I would like to indicate also the "file type". Let's assume I display a Photoshop file. Am I allowed to refer to ...
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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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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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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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Is it legal to alter and resell a product under its original name?

I recently picked up a little business on the side, and I am thinking of bringing it a step further by approaching a store that can sell the product for me, which got me thinking about the legality of ...
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1answer
154 views

Does Tesla or Nikola have grounds to sue the other for trademark infringement?

Tesla and Nikola are both companies that produce electric vehicles, and both companies are named after the inventor Nikola Tesla. It seems to me that this could cause confusion. Does either company ...
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How can I use a trademark name in my app title?

I am a student software developer in NY, USA. As a learning project, I created a mobile application for calculating scores of my favorite crossword board game and posted it on the famous online ...
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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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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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635 views

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 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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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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771 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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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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936 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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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 illegal to advertise another entity's product?

I'm a retailer of products. One product in particular needs more attention, but the manufacturing company doesn't advertise their products in the media which my customers reside (mainly YouTube). I ...
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1answer
251 views

Can the prices of goods be copyrighted?

I am looking to publish a list of prices for which companies are willing to sell certain generic (commodity type) products. These companies have already published their own "price guides" that list ...
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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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Is it legal to include another company name in your name? Example: Is OrbitzMoving.com (not related to Orbitz.com) legal?

I used to work for Orbitz.com the travel site and remembered wondering how OrbitzMoving.com could get away with using the Orbitz name in their website url. OrbitzMoving.com was not related to Orbitz....
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90 views

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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209 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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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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Could 'Node.JS' sue (and win) a trademark infringement against any software companies that use the word 'Node'?

Ever since 'Node.JS' became very popular, a lot of software companies have been using the word 'Node' in their trademarks. For example: ControlNode NodeStudio AppNode Could Node.JS owners ...

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