Frank Anthony Natoli’s Answers

Frank Anthony Natoli

New York Internet Lawyer.

Contributor Level 19
  1. Similar sounding trademarks

    Answered 6 months ago.

    1. Frank Anthony Natoli
    2. Daniel Nathan Ballard
    3. Michael Charles Doland
    4. Bruce E. Burdick
    4 lawyer answers

    I bet you already know that no definitive answer can be offered here. It will ultimately depend on what your mark identifies and whether it is confusingly similar to another within the same or related class of good or service. Famous brands like Coke can make dilution arguments that further increase their policing power. It is best to get specific advice not hypothetical exampled advice from a trademark lawyer and this can usually be accomplished over a phone consult before you even need to...

    7 lawyers agreed with this answer

  2. Can I use a word that's trademarked in my company name?

    Answered about 1 year ago.

    1. Frank Anthony Natoli
    2. Maurice N Ross
    3. Bruce E. Burdick
    4. Alan James Brinkmeier
    4 lawyer answers

    It will depend on how it is being used. Trademarks are broken up into 45 categories of goods and services. So if, for example, Mighty Kids was in use under "toys" then perhaps your use for yoga instruction can be claimed by you and registered. Whenever you endeavor into using a mark you should have a professional conduct the proper clearance under both federal and common law. This is because you will be investing a lot of money and resources in a trademark over time and believe me the costs...

    7 lawyers agreed with this answer

  3. Is there an affordable way to protect intellectual property (for inventions/new products)?

    Answered about 1 year ago.

    1. Richard Straussman
    2. Frank Anthony Natoli
    3. Andrew Endicott Schrafel
    4. Maurice N Ross
    5. Matthew Joseph Kading
    6. ···
    8 lawyer answers

    I agree with the other lawyer (NOT about the "don't use a NYC lawyer bit of course), it sounds like there is a lot of misinformation here. What you described would certainly fall under copyright law and should be protected further by a proper registration with the US Copyright Office. I am sure a search online will produce more than enough explanations of the differences between patent and copyright and why patents are very expensive, etc. So I encourage you to do some minor research just...

    7 lawyers agreed with this answer

  4. My husband and I in NYC. I am starting a retail boutique in Chicago. Where do I need to register the business? S-corp or LLC?

    Answered over 1 year ago.

    1. Frank Anthony Natoli
    2. Alexander Marriott Fear
    3. Matthew Erik Johnson
    3 lawyer answers

    Hi, If the business is in IL, then that is where the LLC should be domiciled. If you are also conducting business activity in NYC, such as having a showroom, hiring a sales team, warehousing, etc then that entity should be qualified in NY as well (or the other way around, so long as there is a proper registration in each jurisdiction). Regards to which entity type is really something that should be fleshed out over a thoughful conversation with your lawyer or accountant. As a general...

    7 lawyers agreed with this answer

  5. Pertaining to NFL team logos. Is it true that there is a "fist sale" exception to use?

    Answered 4 months ago.

    1. Frank Anthony Natoli
    2. Adam Edward Urbanczyk
    3. Paul Karl Siepmann
    4. Gregory John Barry
    4 lawyer answers

    No. You are conflating a couple different issues. If you buy a legally licensed product, like a jersey branded with NFL insignias the first sale doctrine means that you are then legally able to sell that jersey to someone else without the need to seek prior permission from the copyright owners. You cannot, as described, take a legally licensed iron on and place that on some other product and sell it. That iron on, is sold for your personal use. That would be straight up trademark...

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  6. Am I really infringing an registered trademark with a band from the U.K. while I'm in Wisconsin, USA?

    Answered 8 months ago.

    1. Frank Anthony Natoli
    2. Ili J. Subhan
    3. Daniel Nathan Ballard
    4. Bruce E. Burdick
    4 lawyer answers

    So in order for any of us to offer a valuable analysis you will need to have it done in private. But yes, you may be infringing, but not if they have no market presence here in the US. That is, if they have a registered US trademark or have been operating in your area prior to your use of the name they may very well have what we call common law rights. Being they went out of their way to send the letter it is probably in your best interest to have the matter reviewed by a trademark lawyer...

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  7. What is the best way to set up a partnership between two lawyers, one practicing in DC and the other in Seattle?

    Answered 9 months ago.

    1. Frank Anthony Natoli
    2. Gavin Nathaniel Johnson
    3. Shahzad Qamer Qadri
    3 lawyer answers

    There is certainly no "one way" to accomplish this. I suggest reaching out to several business lawyers by phone and discussing your objectives in more detail. Depending on your expected revenue you may choose to set up as a PC vs PLLC. The ethical requirements vary but it is really just a question of procedure in that regard and understanding the general issues of concern, e.g., the name of the firm may be required to contain at least one name of a licensed lawyer in the state. This kind of...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I use my trademarked logo to rebrand items I wholesale ordered from China to resell in the US?

    Answered 9 months ago.

    1. Frank Anthony Natoli
    2. Anders Ferrington
    3. Bruce E. Burdick
    4. Daniel Nelson Deasy
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    Probably, and the reason I say so is because the vast majority of Asian suppliers are selling generic product and understand that much will be rebranded by the foreign retailer even if they ship with some branding on them. I was in this business in the past. I would suggest that you get written permission however, so you are not in any way exposed to claims. They should not be concerned and will likely take no issue with that. This is typically referred to as a white label agreement. You...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Possible business name conflict?

    Answered about 1 year ago.

    1. Frank Anthony Natoli
    2. Bruce E. Burdick
    3. Alexander H Butterman
    3 lawyer answers

    You are correct that if the class of goods/services is quite different this will matter greatly. Think about Delta airlines vs Delta faucets; the market is not confused by their coexistence. But you need to keep some things in mind. First, it is good that you did some general research but it is not enough. A comprehensive clearance search needs to be done by a professional who undersands trademark law very well in order to adequately know whether you have a problem. There is a skill set in...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Am I allowed to use song titles on a t-shirt to sell?

    Answered about 1 year ago.

    1. Frank Anthony Natoli
    2. Andrew Endicott Schrafel
    3. Maurice N Ross
    4. Bruce E. Burdick
    4 lawyer answers

    The problem you have really is that it may amount to an infringement if you build a false association with a given artist, studio, creative work, etc. While one cannot protect the title of a song in any concrete way (trademark protection is not available for the titles of single creative works), which is why we see so many songs that share titles, one can protect their likeness and image a concept known as publicity rights. Further, many song titles may very well serve as trademarks for...

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