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2 votes

Writing an open source clone of commercial software - colloquial naming?

What is and what is not a protected trademark depends on the law of the country, and varies by country. In some countries, of which I understand the UK is one, no mark is protected unless it is ...
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3 votes
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Advertisements and fair use

Fair use is always a fact-driven issue, and the details matter. That said, copying a single ad in order to criticism the ad, or comment on it, is very likely to be found to be fair use. If only a ...
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2 votes

Advertisements and fair use

There is the concept of "fair-use", which you have tagged in your question that covers both copyright and trademark and allows for unauthorized use under certain circumstances. For example, ...
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25 votes
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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 ...
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0 votes

Mobile Application Trademark Dispute Help

There are several limitations on trademark protection that the poster of this question seems to misunderstand. First of all, trademark protection is national in scope. A trademark registered in India ...
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1 vote

Is it incumbent on a trademark holder to conduct trade under that mark?

In the US, a trademark which has not been used in commerce for five years may be challenged and, if the challenge succeeds, removed from active registration.
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1 vote

Can I use the name of a fictional company

LexiCorp was registered then abandoned. See details below. https://huski.ai/trademark/78509802 The reason of giving up this trademark was not clear.
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0 votes

Is "swiss army knife" a protected trademark?

There are many trademarks are related to the mark "Swiss Army Knife". An analysis shows the category & year distribution of thousands trademarks related to it. If you look deeper in ...
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2 votes
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Register trademark for app name when one already exists on the app store

The UK, unlike the US, has a strict "first to file" rule. This means that if party A files for a trade mark that party B has been using, but has never registered, party A will normally ...
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1 vote

"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?

First of all, trademarks are specific to a country. The mark refereed to in the question was registered in the UK, It has no effect in the US, Canada, Europe, or anywhere outside the UK. Secondly, ...
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-3 votes

"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?

I found the word "MAMA" was registered as early as 1984-12-11. Here is the trademark detail. It was registered under "staple foods" category. We've been calling our mama without ...
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3 votes
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How can a video game like World of Warcraft include lots of pop-culture references?

Generally speaking pop-culture references, like literary references, are neither trademark infringement nor copyright infringement. Trademarks Often a referenced item is in fact not a trademark. Most ...
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