18
votes
Trademarking modifications to common phrases
Being a common phrase is not a barrier to a trademark, in itself. For example “Bite the bullet” has been trademarked with the USPTO for restaurant services, for a target with cross-hairs and in ...
- 12.1k
11
votes
Accepted
Is it legal to sell something that uses another product as one of its ingredients?
Yes, it is legal to sell something that uses another product as one of its ingredients. And yes, you can include the name of the product in the ingredients list. That said, if you do it and are ...
- 8,647
8
votes
Accepted
Does America run on Dunkin?
The legal term for this sort of thing is puffery: a statement that is obviously exaggerated and which no reasonable person would take literally. According to the US Federal Trade Commission, puffery ...
- 6,549
8
votes
Why does Japanese entertainment make such backhanded references to brands (e.g. WcDonalds instead of McDonalds)?
This practice isn't just restricted to Japanese entertainment, although it is indeed particularly common there.
Still, the practice, which I call using "fakemarks" (the term is not in wide ...
- 195k
5
votes
Can I use "Donald Trump" in my brand name?
If you are Donald Trump posting under an assumed name then it is illegal, because he is currently president of the USA and not supposed to run any businesses.
If you are not Donald Trump, then be ...
- 32.9k
5
votes
Is a similar name and synonym to existing brand a trademark infringement?
The legal standard is whether the allegedly infringing mark is confusingly similar to the mark that is allegedly infringed. This is a mixed question of fact and law usually determined by the trier of ...
- 195k
4
votes
Does America run on Dunkin?
Any quick minded Dunkin' Donut's lawyer will point out that their is a Dunkin' Donunts in office building for the House of Representatives, which is quite popular with the Members and their staff and ...
- 22.8k
4
votes
Accepted
Why is the trade name of a drug always written in all caps, even when the wordmark isn't?
It is capitalized because the word NEXIUM has a conspicuous definition. In other words, they're using it in the specific way they have defined it to mean. This is to differentiate it from any other ...
- 964
4
votes
Use of Microsoft Trademark in Product Name
Rather than saying "for Project®" which might fairly be interpreted to indicate an affiliation with Microsoft, you ought to say something like "intended to be compatible with Project® (not affiliated ...
- 195k
4
votes
Accepted
Is it illegal to advertise another entity's product?
No it’s not illegal
It’s called retailing:
https://youtu.be/ywSkKkuGQ2A
https://youtu.be/k8OreiHU91Y
https://youtu.be/XpR6y1sNArU
You are allowed to advertise the products you sell. Even if you don’...
- 198k
4
votes
Accepted
Can I use the Wi-Fi logo on a website?
In order to use a trademarked logo on a product you would need permission of the trademark owner's, just like with any other trademark. However, you don't need permission to use a trademark outside ...
- 1,241
3
votes
Accepted
Can i use brand logos on a website template I'm going to be selling?
The standard for fair use of trademarks is as follows:
(1) the product or service in question is not readily identifiable without use of the trademark
(2) only so much of the mark as is reasonably ...
- 6,838
3
votes
Can I use the Wi-Fi logo on a website?
You need to be a member of the alliance to use them. There are a lot of other "WiFi" symbols that are pretty universally recognized, I'd use one of those in the free/public domain. You could also ...
- 9,225
3
votes
Can I rebrand my own car?
One can certainly remove a trademark from an item that one owns, whether it be a car, cell phone, blender, or computer. Using some other firm's mark would not be trademark infringement if one did not ...
- 113k
3
votes
Accepted
Is a similar name and synonym to existing brand a trademark infringement?
As a naïve customer, I would expect that a "green board" is likely a variation of the "black board", made by the "blackboard" company, probably manufactured in some more ...
- 32.9k
3
votes
Accepted
Am I allowed to use a domain name like macbookrepair.com?
Apple lists their trademarks, which includes "Mac" and "Macbook". "Big Mac" (burger) does not conflict (also, Macdonald's got there first) because they are unrelated ...
- 210k
2
votes
I was locked out of my company. Should I register a trademark and sue for infringement?
Don't do this - the trademark (if it is a trademark) already exists and is owned by the business.
Just bring a case for your half of the business. Hire a lawyer first.
- 198k
2
votes
what happens if a brand or company's name is a common everyday word?
The standard for trademark registration is distinctiveness. Is the mark distinctive with respect to the source or producer of the goods or services?
Proposed marks that already have a meaning fall ...
- 3,954
2
votes
what happens if a brand or company's name is a common everyday word?
The thing your example seems to miss is that trademark protection does not prevent other people from using the trademark for any purpose whatsoever; it only concerns the use of the trademark for the ...
- 35.1k
2
votes
Accepted
Are song titles protected by copyrights?
The US Copyright Office does not recognize copyright in titles: https://www.copyright.gov/circs/circ34.pdf
- 3,954
2
votes
Accepted
Naming products after fictional objects or characters
Copyright is not an issue; trademark is. Arwen is quite likely a trademark of Tolkien Enterprises, registered or not.
Your proposed use which is to specifically involve the allure of the brand would ...
- 198k
2
votes
Yacht Rock and the Intellectual Property Rights of Work Trademarked by a Second Party
Are there any legal remedies for the writers of the web comedy series
to:
keep the "yacht rock" term from being leveraged by parties like Yacht Rock Revue
profit from their original ...
- 195k
2
votes
Using Brand Names as our Customers for advertising
If you advertise that various well-known firms are clients of yours, when this is in fact a lie, this is a form of false advertising. If other clients or potential clients reasonably rely on those ...
- 113k
2
votes
Accepted
Am I allowed to use the word "Android" in my YouTube channel name?
Indiviual words and short phrases such as titles cannot be protected by copyright. However, they can be protected by trademark law. "Android" is a trademark in the US, in the EU, and I am pretty sure ...
- 113k
2
votes
Is it legal to cut a designer logo off of a piece of clothing, sew it onto another and sell it?
It is an infringement of trademark to "pass off" something as by designer or maker X, when it is not in fact by X. Although by notifying the purchaser you are not actually claiming that the modified ...
- 113k
2
votes
EDIT: Prevent copy right/trademark infringement by not using company logo, but
There are quite a few misunderstandings in your question.
First, company logos and names are protected by trademark, not copyright. The goals of trademark protections are very different from those ...
- 6,081
2
votes
Can I rebrand my own car?
The problem is three part:
Can you remove your old brand's trademark?
Certainly you can, and it is not illegal to have a Mercedes without the star. It's still a Mercedes after all.
Can you mount a ...
- 33.8k
2
votes
Accepted
If I create a fictional brand name in a movie script and then copyright the script can the fictional brand name be considered my trademark?
If I create a fictional brand name in a movie script and then
copyright the script can the fictional brand name be considered my
trademark?
No. The fictional brand name (which I often call a "...
- 195k
1
vote
White label demonstration with famous brands, is it illegal?
This would seem to be a trademark issue. The key question is whether a reasonable person, seeing the ads, would believe that your brad was endorsed or was in fact being used byt these "famous brands" ...
- 113k
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