Trademark Infringement Legal Advice (546 found)

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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...
Kevin Andrew Thompson
Kevin Andrew Thompson's answer
Contributor Level 3

It may be considered infringement by the company in Australia. You don't say...
Question

Ronald K. Phillips
Ronald K. Phillips' answer
Contributor Level 5

You need to talk to a trademark attorney, and they'll need specific facts....
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

See http://bit.ly/3XGa2D for responses to a similar question.
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's impossible to tell without reviewing your business name, and their mark,...
Steven L. O'Donnell
Steven L. O'Donnell's answer
Contributor Level 5

It certainly is possible that your LLC is infringing someone else's trademark....
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

This is trademark infringement, not copyright infringement, and the damages...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Your facts don't jive. Was the cease and desist sent 1 or 3 years ago? The...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

The rightsholders of the logos you're re-using on your own products have the...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

See the answers given at: http://bit.ly/3B17Gp
Question

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

My colleague Mr. Coleman is right on the money but too kind: YES it would be...
Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

It may very well be infringement, because you are describing a "use in commerce"...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

There are two related issues that you must deal with: the right to register and...
Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

Your defense sounds strong. Your success will, unfortunately, depend on whether...
Clark AD Wilson
Clark AD Wilson's answer
Contributor Level 5

You should have an attorney review this carefully to properly bring some...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Please see my answer to your other post. Disclaimer: Please note that this...
Question

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

Based on your "additional information" I think you understand the take-away...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Generally, if you trade on someone else's proprietary property, and your...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Do you mean they trademarked the name? You probably can't be sure that they're...
Steven L. O'Donnell
Steven L. O'Donnell's answer
Contributor Level 5

As Ms Koslyn noted, they might oppose your registration, but if they're not...
Question

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

Your follow-up question: If a company offers organic produce, it cannot use the...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

To add to the previous post, while your fact pattern is vague, you should...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's quite difficult to get something trademarked - in fact, something like...
Ronald Ethan Perez
Ronald Ethan Perez's answer
Contributor Level 1

Please see - http://www.uspto.gov/trademarks/process/index.jsp. Ron Perez
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Does this other user have a trademark? Do you have one? All you've mentioned...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

As a threshold matter domain names can and do infringe the trademark rights of...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

As to your partial ownership to the development's trademark rights, I doubt...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

As a bit of practical advice, I would advise you to steer clear from using a...
Question

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

A few things jump out at me. First, the compound word "Crossfit" is...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's not trademark infringement if you're using the mark descriptively, that is,...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Your narrative is difficult to parse. I think what you're saying is: You'...
Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

The previous response is very comprehensive and helpful. I would like to add,...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Most circuits, including the 9th Circuit, say that it's 3 years from when the...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Your research is right. Under Section 507(b) of the Copyright Act. "[n]o civil...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

The name of the state, Florida, is free for anyone to use. But the school you'...
Arieh Mordechai Flemenbaum
Arieh Mordechai Flemenbaum's answer
Contributor Level 5

I agree with my colleague. You certainly would be risking trade dress...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

A trademark examining attorney would likely find your use to be infringing,...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Too close. Pick five new business names, prioritize them, hire a trademark...

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