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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16 views

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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88 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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48 views

Using photos from another website to sell merchandise

Under what conditions is using some other brand's logos and pictures on a commercial website allowed? Could I use, for example, a picture of a Dell computer (taken from their website) of a given model ...
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2answers
51 views

How does copyright law apply to references of an existing work?

If an author were to reference an existing work of fiction in their novel, how does that interact with copyright law? For instance, let's say a character in a novel thinks they're a fictional ...
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115 views

Can I use droid as a character class in my game?

We all know Droid is trademarked by Lucasfilms but I wanted to use it as a character class for my game. The droid class in my game is also a robot, but it looks nothing like the droids on Lucasfilms....
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132 views

Can ® © ™ (R, C, TM) symbols be safely used in fiction to describe fictional products?

In the popular game "Animal Crossing: New Horizons" the TM symbol is used for an in-universe product. It doesn't actually represent a real product of course, and just acts as flavor text. While the ...
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68 views

Why can't logos of companies be used by referring to nominative fair use?

Companies have trademarks on their logos. If I want to use their logos in my own production, I need permission to do so. But if my production makes it clear that the use of the logo is only meant to ...
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76 views

Can I use game name in domain of satiric blog

I wanted to start a satiric blog with funny articles, fake level up guides and ranting on updates for a popular French game. Can I register a domain name with the game name and a different TLD without ...
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221 views

Can I use a corporation name that has been “Merged Out” as my new corporation name in California?

I did the search on California Secretary of State - Business Name site, and it shows the status as "Merged Out" (more than 20 years ago). I also searched the US Official Trademark Db site for the ...
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739 views

Can you sell a product with a “custom” image, if that image ends up being copyright or trademark?

As a printing company, can you sell a item titled "custom" if a customer uploads a copyrighted or trademarked logo? They are only ordering one, and the item itself is not titled after the logo that ...
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848 views

Is it trademark fair use to use company name/logo on your resume?

I have an online resume website that I created, and I list the logos of companies I've work with over the course of my career. Rather than a dry date list of work experience, I'm just listing the ...
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63 views

How unique does a name need to be in order to have it trademarked?

With the amount of information and ideas on the Internet, it is difficult to come up with words (even fabricated ones) that haven't been used in some context before. Let's say that in the course of ...
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70 views

is this a trademark or a copyrights violation?

I am in a small country in the middle east called Bahrain, I intend to use the House Stark logo design of Game of Thrones as my company logo and name, is that legal ? however I am in another country ...
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199 views

Is it more important to trademark your brand name or your logo?

I am looking at getting a trademark through Legalzoom for a new product my startup is about to launch. If the logo for the product includes the name of the brand and the product, do I really need to ...
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1answer
50 views

Could a third party revive a dead trademark if another company has unlawfully been using it?

Suppose Company "A" registered the trademark "John Doe" with the EUIPO. Company "A" has declared bankruptcy and been liquefied, but the trademark was retained by Company "A"'s founder. During this ...
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51 views

To what extent does an artwork copyright protect against real life 3D replicas of objects in a video game?

I make and sell real life, 3D replicas of daggers from video games, TV, and movies. Currently I am using the original names of the daggers to sell my products (and I am aware that I am likely ...
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173 views

Can the subsidiaries of a holding company each operate under the same dba name?

Holding company X has subsidiaries A, B, and C Can A, B, and C each file a DBA to operate as the same name ie ACME? How would this be different than Holding company X creating a trademark ACME and ...
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56 views

Clothing brand shown in videos for an app

We shot some videos to be used for our app. All the models signed a paper, saying that they give all rights of the videos, and they understand that their image can be edited. However in some of the ...
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29 views

Product names on commercial designs?

So, I am a graphic designer and I make a small amount of money selling funny custom t-shirts. These shirts have quick 1-liners which can be interpreted in a number of ways. My current design contains ...
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1k views

Is the stock ticker symbol protected from copying?

Can one create a personal email address containing the stock ticker symbol of a public company ? My understanding is that Stock ticker is not a trademark and only trademarks are protected.. Please ...
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2answers
85 views

America's Cup boat model

We would like to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to replicate ...
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1answer
68 views

How to establish first use in commerce?

I recently learned that it's not the first person to register a mark that gets ownership, but rather the first person to actually use the mark in commerce that gets ownership. So what's the best way ...
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2k views

Would fair use apply to the usage of Pac-Man within a QR code?

I thought I was rather clever putting Pac-Man and the four ghosts within a QR code for my business card, but I started thinking about the inherently gray copyright laws that I admittedly know too ...
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62 views

Are you legally obliged to show the registered symbol with a logo?

If an external company's logo includes a registered symbol, are you obligated to reproduce it (in a link to their website, for example) along with this symbol? What if the usage guidelines dictate the ...
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84 views

Trademark infringement between product and software

If a toy company has a registered trademark, does it stop an app developer from creating a social app using the same name which has got nothing to do with any toy products whatsoever? Would this even ...
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118 views

Is it legal to use a Similar item of another Person's work in your own Work?

I'm going to use Ketchapp's Basketball App as an Example. In the Game, you can have Unlockable Skins for your Basketball, and some of those Skins are recognizable icons or things from other games like ...
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237 views

Using #hashtag on social media - does trademark protection apply and is it possible to get sued for damages?

Due to trademarks I cannot call my new company AppleComputers or CocaColaBeverages (obviously). What if I start using #AppleComputers hashtag in my tweets or posts on Instagram? In other words: Is ...
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97 views

When am I infringing on a trademark?

I'm going to release an open source project, let's call it ABC. My project is a piece of software that is non-commercial. However, ABC already exists as a trademark for an existing company. My ...
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2answers
125 views

Is the following a copyright/trademark infringment?

I'm starting a technologically oriented publication at my high school, and when dreaming up a slogan, I thought of doing a pun on the New York Times' mantra - "All the news that's fit to print - ...
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73 views

What rights does a trademark actually give?

There is a mobile game that has TM written behind its name. It is built for iOS and has not been updated for years. I would like to create a new and better version of it, for all operating systems, ...
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1k views

Can someone explain what these number means in trademark description?

I was doing some trademark search in TESS. I sew the following description. Goods and Services: IC 038. US 100 101 104. G & S: Communications services -- namely, transferring of electronic ...
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66 views

Publishing Another Company's Trademark

I write for a University humor magazine and we are coming out with a book. Because we are a public university, we normally are allowed to publish any image we find online in our newspaper. However, ...
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520 views

Can multiple people trademark the same name?

I looked up a trademark on TESS and it turns out that it is already trademarked. This may sound like a noob question, but can I use it if my business is completely unrelated ? What if I own the domain,...
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60 views

What are the laws on using a company's logo in journalistic coverage?

We have a non-commercial (academic) blog, and are writing a post about a commercial company. The post is not especially flattering, for context. Can we use the company's logo to illustrate the ...
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2answers
1k views

Rubik's cube image rights

Some time ago I have created an Android application as a part of my bachelor's thesis. The application can advice user how to solve Rubik's Cube, and user also can play the Cube using touchscreen. ...
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38 views

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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67 views

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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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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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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32 views

Use of customer's logo on digital product demo

I'm looking to email prospective customer's a screenshot of a demo website that I've setup for them. I'd like to include their logo within the screenshot of the website. I was wondering if this ...
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170 views

Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
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27 views

What can happen if I don't register a trademark for my business?

If I register my business name and start operating my business using that business name and a logo that I made which contains the words of the business name, what can happen if I don't register the ...
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35 views

Trademark: software company with computer hardware shop

I thought of a business name, and bought the domain name for it (both .com and .net), and I plan to use it to for a software business online. I then noticed a computer shop in the Philippines with the ...
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42 views

Is creating commercial study guide materials for a trademarked exam considered fair use / illegal?

Provided that no text or diagrams are directly used, is creating commercial study materials considered against fair use / illegal? Given the amount of study guides available for various trademarked ...
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58 views

Do you need permission to use a well known first name in your company?

I intend to produce a mobile/app/software. The specifics doesn't matter but let's say there is someone extremely famous in the same field. A comparison is creating an F1 app called "Michael F1". I ...
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54 views

Can a company's advertising slogan undermine their own trademark protection?

Growing up in the 70s in the UK, a common brand of glue was UHU®1, and, at least at the time2, this was often advertised with the slogan "Don't say glue, say UHU". If the phrase "Don't ...
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27 views

What are the laws on showing another company's logo in my book on branding?

I am writing a book on best practice branding for entrepreneurs and want to demonstrate my points using well-known (as well as our own client) logos. The logos will be used for illustrative, ...
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47 views

Can you advertise against another product using domain names?

Suppose your competitor is about to release a product. Can you technically build a website with a domain name that includes their product name, such as www.get-productname.com www.better-than-...
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62 views

Trademark Protection for Domain Names

Today I purchased a few new domain names, which are composed of very general words. When I attempted to purchase a different domain, adventure.app, I received warning of a trademark claim. I chose to ...
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Using trademark as a name in a book?

I am writing a childrens book and a character in it is supposed to be called Google. Is that legal? I am only using the word 'google' and not the colors, font etc that the word is written on the ...

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