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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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84 views

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?
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Can someone legally use the word Java in a business name?

Assume someone wanted to open a real estate office and wanted to use the name Java Realty, would that violate the Java (programming framework) trademark?
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594 views

Trademark holder doesn't grant permission due to 'high request volume'; any risks?

I requested permission for MATLAB's trademarked logo usage on my site, https://dragonnotes.org/ , from MathWorks (trademark holder) - who responded, "Due to the high number of these types of ...
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73 views

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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Is it legal to open a museum of certain a brand?

My wife is a big fan of a certain toy company and has a huge collection. She is toying* with the idea of opening a small museum showcasing her collection. Is it legal to name the museum "The [Toy-...
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1answer
180 views

Is a press release a privileged and/or copyrighted document with ownership rights?

I recently left the firm I was working with for a few years. I have my own advisory firm now. I took part in several deals that closed. I was an active participant and got paid on those deals. I am ...
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401 views

Same game company name, but in a different country

I finally came up with a good name for my game studio, however after searching for it there appears to be another game company with the same/very similar name. They were founded this year, have an ...
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124 views

Would it be illegal to include a Disney character's name in my business's Name?

For example, "Bambi Publishing" or "Pinocchio Publishing?"
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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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56 views

Are there case law examples where a reseller was forbidden to publish the name of the item being resold?

Are there case law examples where a reseller was forbidden to publish the name of the item being resold? For example suppose a computer reseller acquires a used computer made by HALCO, model HAL-9001 ...
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do we have to register our trademark to be valid… can we take a legal action if someone is using similar trademark but our is not registered?

My question is about do we have to register our trademark to be valid. 1. can we take a legal action if someone is using similar trademark but our is not registered?
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Can I create a mosaic for a client in the shape of the Disneyland Castle?

My client would like me to create a mosaic in the shape of the Disneyland Castle. This would involve me creating an outline of the castle on my iPad (just a black line in the shape of the castle) and ...
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1answer
459 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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1answer
198 views

How to find the angle between Mickey Mouse's ears as specified in an official trademark?

The Walt Disney character Mickey Mouse's two ears sit on top of his head in such a way that the silhouette looks a bit like a water molecule, with the head as the oxygen atom and the two ears as the ...
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1answer
44 views

Can a trademark owner prevent third parties to create software for the related trademark service?

Pinterest is a social sharing web site. https://pinterest.com I have created a software that helps users to share photos online to Pinterest easily and quickly. https://addons.opera.com/en-gb/...
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190 views

How to acquire copyright for Digimon franchise?

I'm not sure if this is the correct exchange to ask but hopefully it is. Now if I want to acquire Digimon franchise copyright (Correct the term for me if I'm mistaken) for example for my Smartphone ...
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1answer
4k views

Can I legally (but without license) sell merchandise with text and images based on a video game? [duplicate]

I am setting up an online shop (or, say, a table/kiosk at conventions) to sell merchandise like t-shirts, mugs, etc, and I want to have merchandise with text and images either from or based on popular ...
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1answer
226 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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1answer
190 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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1answer
4k views

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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242 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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33 views

Trademark Public Domain Clipart

I was reading Can a company trademark a public domain name like "Arkham"? not sure if this is the same. I'm working as volunteer at OpenClipart.org, site that provide Public Domain vector ...
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1answer
63 views

Can a company legally use their competitor's name in their tag line without permission?

Say a new company, NewCo, wants to use the name of their competition, BigCo, in their tag line without BigCo's permission. Something like: NewCo — (Like BigCo, only newer) Is this legal? Is it ...
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1answer
73 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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1answer
71 views

Can your business have the same initials as a major corporation?

By coincidence, if my company was “Internal brilliance method”(I just made that up) could IBM(international business machines) sue me over trademark infringement? In different industries different ...
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93 views

Are slogans protected under trademark?

A US-based wine company created a slogan. Later it found a Canadian wine company had already been using the same slogan. Could the U.S. company's used violate copyright or trademark?
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Which regions trademark has precedence in Google Play and Apple's app store?

If two different entities have registered the same trademark in different regions, one in the USA and the other in EU. Which of the two trademarks would have precedence within the Google Play Store ...
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1answer
58 views

Kellogg v National Biscuit Co

In Kellogg v National Biscuit Co it was ruled that once a utility patent expires the patentee can never make a trademark-like claim to the exclusive use of the source-identifying function of the shape ...
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2answers
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Commercial usage of photos of extreme close-up of popular electronics

Let's say I make a photo of iPhone screen through the microscope, so field of view of the photo is just several pixels and individual RGB components of the screen are visible - so it's not possible ...
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1answer
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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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1answer
33 views

Is there any grace period for worldwide trademark protection like patent?

When it comes to patent, it seems like there is a 12 months period where we can file International Patent from the date of provisional patent. I have a trademark in the US. I would like to go for ...
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2answers
107 views

How well can characters be protected?

There are lots of attributes that are better covered by either a copyright or trademark, but suppose there is a business that makes movies, short films or games or comics uses and "Darth Vader" in ...
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70 views

Would I be infringing on a trademark if my company name is later trademarked?

If I incorporate an LLC, and then someone federally registers a trademark with that name, would I be infringing on a trademark and have to change my name? Or will they be unable to register the ...
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1answer
51 views

Can I register a trademark after leaving a company in the UK?

I've been working on a new product for a company as a software developer (creating it from scratch). I've come up with a name for it as well which my manager didn't tell me to do but I decided to be ...
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1answer
24 views

What are the laws on using a company's logo in a graphic design course?

I'm making a commercial course on graphic design and one of the sections I go over the types of logos like IBM/CNN/HP/NASA are Lettermark based logos. My question more so is how can I legally use ...
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1answer
198 views

May I use common symbol (like #, §) as a logo for a company or product of a company?

May I use common symbol (like #, §) as a logo for a company or product of a company? As a trademark? What if I slightly change it? May it be a registered trademark? (Related to the US mainly)
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124 views

Shops are stealing my images but I never registered copyright. How can I takedown thieves sellers?

For the last 10 years, I’ve run my own shop with Zazzle where I have over 3000 different designs. During the last few years, I found at least 5 different shops who are stealing tons of designs from me,...
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1answer
53 views

How can one register a trademark for a mobile app name without a lawyer?

I want to get a trademark for my mobile app. It is available also in App Store and Google Play. Do I need international protection? Do I need register on USPTO or WIPO? I have a low budget. Do I ...
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165 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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1answer
119 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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133 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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1answer
34 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
102 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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1answer
63 views

Can I legally use “pokestopclub.com” for a commercial website?

I want to register a domain name like "pokestopclub.com". I think PokemonGo is registered trademark, but the term "pokestop" is not. Can I legally use "pokestopclub.com" for a commercial social ...
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2answers
90 views

A company giving me a broad copyright permission, but also told me not to use one specific thing

Let's say I run an organization called Shoesies-For-Kids. I know about this really cool art company online. They have some awesome pictures of shoes and I contact them with a "Hey there! I love your ...
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Is word “Times” in name of Newspapers trademarked or is it generic word?

I'd like to ask about all those "X Times" newspapers. like NY Times,LA Times. Can i create another newspaper that will have word "Times" in it? (Like "My Hobby Times") I've checked in Trademark ...
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1answer
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Partners logos - legal obligation

I am using services such as AWS and MS Azure to host websites for my clients. Is it OK / Legal to use those companies logos on my websites as a partner or this is considered infringement?
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76 views

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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514 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. ...