Gerry J. Elman's Answers

Companies claiming trademark infringement

This is something that experienced trademark counsel can and should help you with. It might be possible to resolve the issue, or it might escalate into litigation if not dealt with effectively.

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Can I file 2 utility patent applications for the same product but for different uses?

There isn't enough information in your question to answer it definitively. This is one of those things you should discuss with a patent attorney to whom you'd confidentially disclose the invention, and then devise a protection strategy that's optimal to your situation. That said, there are some general principles that can be stated in general. If the gizmo you've invented is novel and non-obvious and potentially useful without modification in various markets, then a set of claims to the...

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Can the name of the product and its accompanying logo be trademarked under the same application?

Paradoxically, Michael and Brian are both right. When a word and logo are customarily used together, the applicant can properly file a single trademark application for that as a unitary mark. But if the applicant wishes the strongest protection against a competitor that's content to make just a similar logo or alternatively to use just a similar word, then separate trademark registrations are more likely to satisfy the need. So ultimately, it's a judgment call.

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Is my website I bought considered intellectual property?

When you say that you "bought a website" it's not a complete statement of the transaction that you entered into. There are a lot of aspects to a "website," particularly if it's more than just an online billboard, as you say elsewhere that it's an "online business." Let me suggest an analogy that might make this clear. If you want to buy a used car from someone, would give someone a bunch of cash in exchange for the car keys, and then drive away expecting to be the "owner" of the used car...

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If a video game company discontinues their online title can you host a private server for it?

Mr. Montague's answer is spot on. So what I would add is that the situation you describe is a bit like that of a book publisher (at least, say, back in the 1980s) that sells off all its printed copies and then allows the book to go "out of print." It doesn't mean that the publisher has relinquished its copyright in the work, but does show that the publisher has elected not to invest in a further press run. (Often, the contract with the book's author would provide the author the right...

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Am I infringing on a copyright?

In general, the copyright statute provides at 17 USC § 109(a) that the owner of a particular copy lawfully made under the U.S. copyright statute is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy. However, if the old shirts were to be used in a way that might cause confusion with the new car club, then an issue of trademark law might need to be taken into consideration.

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A band "The Tarantulas" is claiming trademark infringement on my band, "Scorpion vs. Tarantula" (in name only) Are they correct?

Whenever a business asserts trademark infringement, the recipient would be foolish to fail to seek confidential advice from an attorney skilled in the law of trademarks and unfair competition. Sometimes, when the respective trademarks are different, the parties can work out an agreement to use their respective terms in a way to minimize possible confusion by customers.

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Is it illegal to copy the designs used on Shutterfly.com's items?

As attorney Koslyn recommended, read carefully the Shutterfly terms of service, and if you propose to do real business, confidentially consult an attorney experienced in copyright and the law of unfair competition. Beware that the rules of copyright are counterintuitive. Before 1989, if a work didn't include a copyright notice, then it prpbably wasn't protected by copyright. But then the U.S. harmonized its law with the rest of the world, and so any works of authorship created since then...

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How do I proceed with this trademark?

In the U.S., trademark rights arise from use of the trademark in commerce, although one can also develop provisional rights by filing an intent-to-use trademark application at the U.S. Patent&Trademark Office. If someone else's business has actually started to use the trademark on product being made available nationwide, then they would have priority over your planned future start of the publication. As the adage goes .... first in time / first in right. There are, of course, some...

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What are the differences in legal protection between a Registered "R" Trademark, and a Trademark "TM"?

Gee, there are a lot of great answers here, but so far I don't see what I consider to be one of the most valuable benefits of registering a trademark with the US PTO. It runs your trademark up the flagpole for everyone to see. It's a "keep off the grass" sign. Right after most companies in the U.S. do their brainstorming to select a trademark for a new product or service, they generally seek to "clear" the trademark by doing some sort of "search" to find out if it's available for...

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