Trademark Infringement Legal Advice (535 found)

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Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

This is simply not a question, unfortunately, that can be answered without the...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Trademark rights are specific to the countries (and, in the U.S., only those...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

First of all, don't post specific details like actual names regarding your...
Laura Mcfarland-Taylor
Laura Mcfarland-Taylor's answer
Contributor Level 8

I agree with my colleague. Without actually seeing your mark and the other...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

What Ms. Kosyln said. I understand your question to mean, however, that you...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Dolls don't usually have brand marking stamped on their bodies, so I'm not sure...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

The below does not constitute legal advice, does not form an attorney-client...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

First of all, you shouldn't post specific details and confidential information...
Willem Galen Gentry
Willem Galen Gentry's answer
Contributor Level 5

Trademark disputes are like snowflakes. Each one is unique. The courts look...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

A URL can function as a trademark, if it's used as one and not just used as a...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

You, in good faith, asked a hypothetical question. As has been made abundantly...
Boris Umansky
Boris Umansky's answer
Contributor Level 4

Notice: The below is for educational and informational purposes only, is not a...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Yes, you can be sued for a past infringement, if you caused harm to that...
Carlos Gonzalez
Carlos Gonzalez's answer
Contributor Level 7

Yes. ignorance of the situation is no defense and you may be sued for the...
Question

Carlos Gonzalez
Carlos Gonzalez's answer
Contributor Level 7

Civil cases and criminal cases are absolutely diffrent, and there is generally...
John M. Kaman
John M. Kaman's answer
Contributor Level 10

Carlos is right except for the generally. You can't go to jail for civil damages.
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

The school can go after you for damages, disgorgement of all profits, an...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

This is very likely way too deep in the weeds but there's a technical...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Yes, if the content on your website discusses or shows the category of goods in...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Yes, not only might your domain name be trademark infringement, but your use,...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's best to get a personal referral from someone you know who's actually hired...
Boris Umansky
Boris Umansky's answer
Contributor Level 4

Notice: The below is for educational and informational purposes only, is not a...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Apparently some other user had admitted infringing on your trademark and has...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

From your question, it sounds like the following is true: you have a fashion...
Question

Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

Federal trademark rights tend to override state trademarks, if they are senior...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

As noted by Mr. Wahab, trademark rights arise only through the use of the mark -...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

You are obviously aware of some of the legal issues involved here. You are...
Question

Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Some additional facts are needed. What goods or services are involved? I'm...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Yes, it can be infringement. Trademark infringement is a very fact-specific...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

This may surprise you, but computer services are in International Class 42, so...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

You haven't provided any information about trademark registrations, or types of...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

The below does not constitute legal advice, does not form an attorney-client...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's very possible that a trademark examiner would find that the two names are...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Trademarks are NOT word monopolies. Infringement only occurs when someone uses...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Yes, there's a loophole in trademark law. It's called "nominative fair use,"...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Unlikely, but maybe. (How's that for another way of saying "it depends?")...
David Alexander Browde
David Alexander Browde's answer
Contributor Level 6

It's impossible to answer this accurately without more information and a...
Question

Steven L. O'Donnell
Steven L. O'Donnell's answer
Contributor Level 5

You need to contact an attorney now, have the attorney evaluate the marks and...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

A valid cease and desist threat is a valid threat no matter how you get it, and...

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