Today we received a cease and desist letter for our new business which has the same name as another business like ours multiple states away from us. The thing is we filed a DBA when we opened 3 months ago and received a letter from the other busin...
While both counsels have thoroughly drilled this issue, I add the following:
Determination of whether the equities are on your side needs the input of a trademark attorney. You can imagine that if you are sued and have to answer - it will definitely be more than what you would pay the lawyer to get an opinion. In some cases, lawyers provide free consultation.
The core answer is that if you are not the senior user and are in the same goods/services classification, your mark could be infringing. Also impacting this question is date of first use.
Talk to your local trademark attorney.See question
For example, If I invented eBay, would there be any aspect of it that I could prevent competitors from copying my concept or idea? I know the name would be protected.
First of - I hope you know that eBay is there already and my answer is directed at the title - patenting an idea for a website. If yours is new, nonobvious and useful (requirements for patent); you may be able to obtain a patent for it. Note that an idea by itself is not patentable - such has to be transformed from an idea into an invention. An evaluation of the website service is what you and/or a patent attorney should evaluate for the conditions of patentability.
Once you are assured of a patentable invention, you can file for a patent and start enjoying the benefits of such protection which includes the limited monopoly according to the statutes.
I was working at a company, and I created a unique watermark for them. It was the company name, but I created it. They really screwed me over, and now I want the mark back. I don't want those jerks to use it anymore. Is there anything I can us...
As the other answers indicate, any work done in the normal course of employment (you also stated that you were an employee) belongs to the company. Being "screwed...over" is a different issue from what you created as an employee. You may want to pursue your employment termination issue aside from the watermark you created.See question
I just filed my incorporated non profit organization in MN, USA. The organization has 3 Board of Directors including myself, whom of which, are also the officers for the non profit (president,treasurer&secretary). How do we make sure we do not hav...
Your being on the Board implies that you are not an employee of the nonprofit organization. Employees of a nonprofit may be paid. As the other response indicates, you should lean on the resources available in Minnesota to guide the operation of your organization. I recommend that you should consult an attorney before adapting your Bylaws to suit your goal. Understand the basic premise of a nonprofit organization - doing well by the public in return for tax exemption for some or most of the funds raised.See question
For example, if there is a patent for a t-shirt (underwear), would it apply to an outer shirt or woman's blouse? Or a patent for a sock to a shoe?
As you may have read from the answers provided earlier, a utility patent describes (teaches) an invention and the claims cover the scope of what is protected and claimed as the invention. A design patent also covers the ornamental look of the invention. An answer without knowing the patent scope is limited.
Contact an intellectual property attorney (some provide free consultation) to address your particular issue.See question
we registered for an area softball team and decided to play elsewhere. now they say we have to be released by them via a waiver. no tryouts were completed and we paid $150 commitment fee for Fall tryouts that were never held.
You need to provide more information such as, who did you register with and what amounts to registration. In short, provide more pertinent information before an attorney can fully answer your question. More particularly, if registering meant playing with the team, then you may have committed yourself to that. Also, does that registration provide you with an opt out clause or something of the sort? What was the $150 paid for and to whom?
Many unknowns. You need to contact or consult with a business attorney.See question
I have been making a simple supporting band for securing dogs on a grooming table for friends. I recently began selling them on facebook. Two days ago, I received a letter from an attorney saying my device was too similar to one their client has a...
Several issues go into deciding if your product is similar or infringes on another person's intellectual property. As an intellectual property attorney, I am not sure you are providing enough information to decide whether or not there is reason for infringement concerns. Copyright is different from patent. My advice is for you to consult with an experienced intellectual property attorney before attempting to respond to the letter. You should know that intellectual property infringement can be expensive, if you do not handle it well.See question
but the store has you take a loan out for it. and they want the phone back that i took out a loan for but i lost it. when i was at working so thats what i was wondering if they could have me put in jail or is it some thing that they will take to t...
You can also work with the place you got the phone if this is something that can be resolved without going to court. I suspect if you had money to pay a lawyer, you could have paid for the phone. The people who gave you the loan should be able to work this out with you.
Good luck.See question
When I was 16 this guy sent me an email stating that he needed a model for this campaign he was the head of. At the time, I was an active model and did other jobs. I went ahead to meet him and he took the photos at another date, then disappeared. ...
I am not sure if your concern is that you did not get the contract or that he tried to have a sexual relationship with you. If you have a breach of contract issue, you can consult a business lawyer; if your concern is sexual abuse of a minor (which you were), you may want to contact your local law enforcement and file a police report. For the sexual aspect, I am not informed enough to indicate you need a lawyer. For the business - get in touch with a business attorney to help you pursue your breach of contract issues.See question