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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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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14k 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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53 views

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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496 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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5k 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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976 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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132 views

Is it legal to make a 3D model of a person without their consent?

These would be 3D models of celebrities, famous people etc. Do I need consent for this? https://www.turbosquid.com/Search/3D-Models/trump Country - India
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100 views

Can I sell a figurine of my own design, despite it being a game character?

I am making a Deku scrub figurine from The Legend of Zelda series to 3d print. I decided that I could sell these figurines on Etsy. Is there any legal requirements for the UK where I have to say ...
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107 views

When can I sell 3d models and 2d renders of dead peoples and celebrities?

When is it allowed to create and sell 3d models and 2d renders of existing dead people and celebrities? I can imagine this is not a easy topic and is different depending on the jurisdiction. Here are ...
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Similar domain to trademark takedown request?

Today I received the following, and there is no first notice. Is this a legitimate request? The "mm-walmart.com" domain and lack of any contact information is screaming a scam, attorney ...
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Is it legal to use a name for a company that uses part, or all, of another trademarked name in it?

Is it legal to use a name for a company that uses part, or all, of another trademarked name in it? For example, if I was creating a company that uses Google's software, could I name my company Googley ...
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49 views

Same domain name as an old site

A few years ago I was looking for a domain name to use for my website. After trying a couple hundred names I eventually found one that wasn't taken. I did a quick google to make sure the name wasn't ...
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390 views

What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
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688 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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1k 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
64 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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567 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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287 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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202 views

Can you trademark a phrase consisting of common words?

Could someone trademark a fairly common string of words, like "This is Your Life" or "Ask [Name]"? My question specifically regards to the naming a podcast — not naming a business. There is a podcast ...
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394 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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289 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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1answer
144 views

How strong are Nike's claims in the “Satan Shoes” case?

Lil Nas X and MSCHF appear to have purchased a bunch of Nikes and modified them by changing the color, embroidering them with writing, and adding drops of human blood to the soles. When they marketed ...
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39 views

Trademark Licencee rights

I have held a trademark licence for 20 years and have recently had it cancelled by the owner of the trademark. It is my understanding that I did not breach any of the conditions. I am wondering if ...
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UK trademark law: Similar company names

Can a company be sued for using a similar name to an existing company? For example if a company was called "The Kraken liberties" and a new company were to be named "The Kraken Club&...
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32 views

Common Law Trademark vs Registered Trademark

Consider the following statement: Registration gives you [Person A] the right to use your trademark nationwide. That right is limited if someone else [Person B] was using the same mark in a ...
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60 views

EDIT: Prevent copy right/trademark infringement by not using company logo, but

I want to prevent copy right infringement and therefore I don't use logos or fonts of companies on a site where I want to list them. So it came to my mind to just use a standard open source font and ...
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67 views

Using the trade name of a defunct competitor

Let's say SuperCool, Inc. sold cooler under the name "SuperCool" and the company went out of business. The trade name "SuperCool" is well-known within the niche, but it was never registered in USPTO. ...
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53 views

Legal status of photos of trademarks

The link below takes you to a photo of a sign bearing a registered trademark... North Dakota - Legendary Yet the photo is in the public domain. I would like to use the photo in a book about state ...
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118 views

Use of logo from defunct business

I would like to use the name and logo of a small airline that filed bankruptcy and went out of business about 35 years ago. I won't be making any money off this. It's strictly for a personal web page. ...
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1answer
79 views

Can I use a pen name that is a trademark?

I am about to publish my first novel under a pen name. This is not the name, but I will use the example of Monique Jay-Wood. I have done a trademark search and "Jay Wood" is trademarked. Is it better ...
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67 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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101 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 fair ...
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182 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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59 views

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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351 views

How to ensure that no one can copy my app design and name

Can an application developer from outside the USA prevent other developers in the US from copying the name and design of the application? How will this work? How can a developer who has published a ...
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1answer
74 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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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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146 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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102 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
60 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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31 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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Can two companies have names that are similar in EU?

Can two companies that are offering the same services in Benelux have similar company names? Both company names have been registered with www.BOIP.
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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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64 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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251 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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136 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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39 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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108 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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89 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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193 views

Can I legally build a social app that is based on another game app?

Take for example the well known app Angry Birds. Lets say that I wanted to build an app called Angry Birds Social. In this app you could meet with other Angry Birds players, create Angry Bird ...

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