56
votes
Accepted
Why register a logo as trademark if copyright protects it?
Copyrights protect the mark as is, and derivatives of it, but does not protect the brand from look a likes or from new trademarks that would be confusing.
Consider the Pepsi logo:
I could easily ...
- 2,316
49
votes
Accepted
Can "Dumb Starbucks" be legally considered Fair Use as satire or parody?
This is likely not fair use. At first blush it appeared similar to things one might see in The Onion (parody print and online newspaper) or other parody publications or shows (SNL, Key and Peele, etc.)...
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49
votes
Accepted
Can UPS really trademark the color brown?
Inks for reproduction can be mixed to create very custom colors. It is entirely possible to trademark a special "recipe" of ink which results in the same color each time.
So yes. In terms of ...
- 1,674
39
votes
Trademark violation for app?
Disclaimer: I'm from the US and don't claim to know German or Turkish law. So let me discuss some general principles here, but details may well be different in Germany and Turkey.
You're mixing ...
- 1,073
31
votes
Understanding trademark infringements in a world where many dictionary words are trademarks?
You infringe a trademark when you use it in a way that allows confusion between your goods and services and their goods and services.
Trademarks are limited by geography (although global brands are .....
- 197k
30
votes
Accepted
Does the app TikTok violate trademark?
As usual with trademarks, the key question is "will reasonable people be confused about the source or affiliations of the product or service".
Trademarks are, as you already know, limited to a ...
- 113k
30
votes
"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?
Trademarks apply only to a limited field. If you follow the link, it reports that it applies to class 42, graphic art design.
So you are free to use (and register "mama" for your food ...
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30
votes
"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?
You should be fine.
Because, at the least, your use pre-dates the trademark.
Exactly this came up in Burger King (of Florida) v. Hoots, and it resulted not only in the predecessor keeping their name, ...
29
votes
Can a ® so small as to be reduced to a dot confer any legal protection?
In united-states trademark law, 15 U.S.C. § 1111 provides that:
Notice of registration; display with mark; recovery of profits and damages in infringement suit
Notwithstanding the provisions of ...
- 113k
28
votes
Accepted
Is it legal to print the Nintendo logo (and trade marks) on retro spare parts?
Marks are to denominate the origin of goods.
Nintendo built Gameboys for decades.
Some GameBoys have aftermarket parts like the NAKI Action Light, a peripheral never made by Nintendo but was nothing ...
- 33.4k
27
votes
Accepted
Can infringement of a trademark be pursued for using a company's name in a sentence?
The example in the question is a pretty clear case of nominative use. The mark is being used to refer to, or name, the product (or service). It is not being used to sell a similar product, or anything ...
- 113k
27
votes
Accepted
Can I use internal components' logo on my product?
You will need to obtain permission from the company whose logo you intend to use before using it. Just because you use a product from that company in your devices doesn't necessarily give you ...
- 3,498
26
votes
Accepted
Commissioned a logo that contains a stock image, can I still trademark it?
Not only can’t you trademark it, you can’t use it
The original logo is covered by copyright which belongs, prima facie, to the original artist. It doesn’t matter that they are based in Russia; Russia ...
- 197k
24
votes
Why register a logo as trademark if copyright protects it?
So, what's the point to make a logo as a trademark?
The general answer is that copyright and trademarks provide different kinds of protection. Speaking very broadly, copyright protects against ...
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24
votes
Accepted
Can I name my app using the name of a long defunct company?
The answer is almost assuredly, no, you can't use it.
Vidmark was parented as Trimark Holdings which was bought by Lionsgate in 2001. Lionsgate is still very much an active company, and has been ...
- 9,225
23
votes
How do trademarks apply to Open Source?
Being or not being open source makes fairly little difference in trademark law.
If a commercial firm (Yoyodyne, say) had used the name "Portable Network Graphics" and the abbreviation "...
- 113k
23
votes
Accepted
Can a wiki for a video game be created without authorization from the game creator?
Yes, such a site can be created without infringing copyright
Facts about the game are facts.They are not protected by copyright. Criticism of, and comment about the game, is an activity protected by ...
- 113k
22
votes
Accepted
On what grounds can Instagram contest the use of the domain name slutsofinstagram.com?
The theoretical is that the domain slutsofinstagram.com does dilute or harm Instagram's mark because of the use of "Instagram" in the domain and because of the unwanted association of the parody story;...
- 18.8k
22
votes
Accepted
Can a photo that contains a trademark be used by a political campaign?
As far as I am aware both these answers are incorrect, but as I am not a lawyer let me quote the World Intellectual Property Organization (part of the UN):
Photos of trademarks
Unlike copyright law, ...
- 1,154
22
votes
Accepted
Can you trademark a word in a dictionary?
Yes, but...
Trademarks generally have a particular class of goods or services they apply to. For a common word such as "sky", a trademark will only be granted for a very narrow set; there's ...
- 6,080
20
votes
Accepted
Can you sue someone for parodying your character?
Definitions
A brand name is not a "character". Neither is a real person, unless that person is being used as a character in a work of fiction. I will answer what I think the question intends....
- 113k
19
votes
Can a photo that contains a trademark be used by a political campaign?
There's nothing in trademark law or copyright law that required the removal of this logo before the campaign could use the photograph. The campaign probably does not want to deal with the possible ...
- 35.1k
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
18
votes
Accepted
Can my music player app have the same name as a musician band? It's common words
This is a trademark question, not a copyright question.
The core ultimate legal question is whether the music app name creates a reasonable probability of confusion, for a typical consumer of the ...
- 194k
16
votes
Can UPS really trademark the color brown?
The other answers have somewhat implicitly already answered this particular question, but I wanted to point out an important detail.
anyone that uses that same color is subject to trademark ...
- 2,193
16
votes
Can I invert other companies' logos and use them for advertising them on my site?
I take it that you intend using the logos of the various companies to show that you do business with them? That would be "nominative use" and would be legal even without permission, but it would be ...
- 113k
16
votes
Accepted
How can the title "13" be so common?
You cannot copyright a word or name in and of itself, so you can't sue someone for having a novel titled 13 so long as their novel is distinct from your own. Trademarks can use certain words or word ...
- 22.7k
15
votes
Is buying counterfeit goods illegal?
While the question specifically asks about UK law, similar principles apply in united-states law. Thus I will answer for the same issue in US law.
The relevant section of US Federal law is 18 U.S. ...
- 113k
15
votes
Accepted
Is Kali Linux's "Undercover" mode legal?
Copyright would generally protect all aspects of the Windows operating system. Therefore, to the extend that Kali is visually similar to Windows, it might be illegal infringement. It would not be ...
- 210k
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