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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.

2 votes

What is the law requiring a product to be labeled : "This product is not manufactured by..."

There isn't an authority that checks this stuff in advance: one way to know that you have infringed on somebody else's trademark is when you get served with legal papers telling you that you're being sued …
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1 vote

Using #hashtag on social media - does trademark protection apply and is it possible to get s...

The underlying issue is that trademark protection does not give a person absolute ownership of certain words, it restricts how that may be used in a commercial context. … Grimaldi, 875 F.2d 994 which essentially says that in an expressive work, you can't use a trademark in a way that has "no artistic relevance to the underlying work" or if it "explicitly misleads as to …
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10 votes

Is it trademark infringement to use a name registered for a product in an unrelated market?

Trademark is limited to a particular class of goods and services, and does not grant complete business ownership of a word. … The item of which you speak is for "women's intimate apparel, namely bras, panties, garters and chemises", therefore a software usage does not conflict with that trademark. …
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1 vote
Accepted

Darth Vader mask trademark copyright

Images are protected by copyright law, so it's not just certain words like "jedi" that are protected. Indeed, "jedi" is so much in common usage that using it would not constitute proof that you copied …
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0 votes

Is the following a copyright/trademark infringment?

Before going any further, you should also beware of trademark protection, since it is a (live) registered trademark of the New York Times. …
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7 votes
Accepted

Can I use a store name as part of my trivia game?

If you use a trademark symbol, you have to be careful to use the right one (it may be illegal to imply registration by using R when the trademark is not registered). … As far as I can determine, there is no obligation for a third party to so mark trademark terms, though it is commonly done. …
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4 votes
Accepted

Can a minor copyright or trademark?

Federal law governing copyright, and state and federal law governing trademark, do not make any stipulations about the person enjoying the particular property right. …
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0 votes

Apple prohibited using an apple image?

Apple did not break the law by setting forth a long legal treatise on trademark law or even a short notice about fair use: there is no requirement that you educate others as to the law. …
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1 vote

"Jingle bells, Batman smells, etc" -- any copyright or trademark problems in that now-famous...

Any original work is protected by copyright, though in the case of a parody, only the newly created elements of the work are protected, that is those parts of Smells Like Nirvana that aren't copied fr …
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2 votes

Does this German company really control the use of the term 'emoji'?

We are in a world where a word could be a trademark, and where trademark rights can be sold. … A trademark is in a particular domain, which which distinguish 💃 from Japanese kanji. …
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3 votes
Accepted

Would "Puff Daddy" sue if I call my social media thing "Puff"?

A word can be a trademark, but the scope of protection is somewhat narrow because the protection is in terms of use within a given business. … "Puff Daddy" is, however, a registered trademark covering perfume, jewelry, clothing and certain online services, so there is a non-negligible chance of confusion. …
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2 votes
Accepted

is fictional data covered by copyright?

That is an interesting question that I don't think has been tested in an highly analogous case. There are a number of sci-fi works that posit elaborate systems of made-up facts about Dragon's Egg and …
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1 vote
Accepted

Is it legal to use TV network logos on my own discussion forums about those networks?

You should assume that the logo in question is a registered trademark. This, for example, indicates that the baseball plus diamond with "ESPN" is "live". … One way to negate that risk is to request permission to use the trademark from the owner (probably Disney). There is also a concept of "fair use", which you could use in court to defend yourself. …
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2 votes
Accepted

Can one use data extracted from images (in-game screenshots)?

The data might contain a word that coincides with a trademark, but that probably doesn't matter. … Registering a name as a trademark doesn't mean that you have absolute ownership of that word, it means you have control over its use in the particular sphere, for example Apple owns that trademark for …
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11 votes

Does using Yoda in my brand name violate copyright law of United States?

Trademark is relevant: a name can be protected by a trademark. "Yoda" is a registered trademark owned by Lucasfilms, a subsidiary of Disney. …
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