Mario Sergio Golab's Answers

Companies claiming trademark infringement

Lets assume for a second that xxx stands for coca cola and that YYY stand for pepsi, then your application for mark "coca cola pepsi Tour" will not fly. Can you see why? Now what you need to do is to talk to any of the fine lawyers that frequently help others in this forum, including myself, and let her/him see the facts. It would not cost you much and you will resolve your situation, that without the specifics cannot be given advise. Good luck.

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Can our business name be similar to a company that is out of Canada?

As my colleague stated, trademark rights usually stop at the border, the only exception being famous marks. Since I do not know what Canadian mark you are referring to, I will use Coca Cola as an example. Coca Cola is a famous mark and even though they may not be registered in some countries, nobody else can register that mark. Also in many countries Coca Cola cannot be registered in other classes lest it confuse the consumer about the source of the product/service branded with such famous...

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Does imitation of a fictional character's voice violate trademark?

Nobody has a right to a specific voice, otherwise many people would have to go mute for their entire lives. Also impersonators would be banned legally. There is not copyright or trademark right to a voice. Having said that phrases associated with characters, real or fictional, may be legally protected. So long as you do not mix the two, you can say what you want with any voice you want. Do not make any reference to any character, and do ot associate the voice with anyone. If in doubt...

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How can one best protect against trade dress/trademark infringement if one creates a public web site as described below?

There is a fair use doctrine that actually permits the use of IP while engaging in parody. Unfortunately for you it is not something mathematical, and is subject to interpretation and nuance. It may not be sufficient to use disclaimers to avoid liability. There is a fine line between parody and defamation and commercial use and tortuous interference with business. You should consult with an IP attorney before you release your proposed material, that is what Harper Collins did..

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If I wanted to trademark the phrase "need me" but a mark already exists for "u need me", will mine be approved?

May be yes, may be no. Depends on whether the additional letter changes the meaning of the mark, makes it arbitrary or changes the unitary concept. Only a TM reviewing the actual facts can help you. Also you need to consider whether the marks are in the same class. Think Kodak, Kodiak. Contact your a TM attorney with the actual facts, conduct a search and save yourself a present and future headache and lots of $$$.

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Trade Mark question. If my LLC owns a trade mark name is it protect all over?

No. If you wish to have a Federal TM you must apply at the USPTO A few states grant TM but they are valid only in the state you register them. Consult a TM Attorney

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A big company is using a trademark (unregistered) so they're operating under common law rights. They had tried to file federally

To apply for a federal trademark you need to use it in commerce or have a bona fide intention to use it in commerce within 3 years. Anything else will be fraud. What are are asking here is for help to commit fraud, benefiting from somebody else's situation.

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Another company used my trademarked company name in an advertisement. Have they infringed?

The short answer is YES, they have infringed your trademark rights. Now for the practical aspects. Have you suffered damages from their infringement action? Do you have the means to hire a trademark litigation attorney and afford litigation costs? Is the payoff worth it? These questions, which sooner or later you must answer, are better explored one on one with a TM attorney. A one hour consultation will not break you and will teach you what to do this time or next time,

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Copyright / privacy issue

NO you cannot. Copyright is an ownership right created to promote and protect artistic expressions. While your parents must have thought you are their work of art, I do not believe that, except for cloning, you can be reproduced. If you make a photograph or a portrait of yourself, you can protect those expressions, but somebody else can take another photo or render a portrait from you and then tehy will have a separate copyright. You image and likeness is protected under right of privacy...

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I am curious about legal liability in the case of a fictional novel I am writing that uses a real, privately owned property.

You may use a public place building as a setting for your novel, and describe it in as much detail as you wish. As a to private property the answer resides in how did you get access. Lets assume you were a member of the order, and you were not sworn to secrecy, then you can describe the place, otherwise you may be liable under contract law for violation of contract to maintain secrecy. As to the history of the place, that is public in the public domain, then no limits, as to what it is not...

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