Trademark Infringement Legal Advice (550 found)

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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...
William Robert Samuels
William Robert Samuels' answer
Contributor Level 3

The following applies to the domain name question and the tag line question:...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

This question was resolved long ago and the law is clear: Yes, it is lawful to...
No photo
Andrew Pavlinski's answer
Contributor Level 6

Tom, The word Chicago is in the public domain in terms of copyright so you are...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Andrew's answer is spot on. The word "Chicago" is free for all to use --...
Question

Daniel Nathan Ballard
Best Answer: 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

If this school has trademarked their name for class 25, clothing, and they...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

That depends on whether there's any rightsholder out there who has a TECH mark...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

In light of your last question, you're clearly trying to sell clothing that...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

No, it's not trademark infringement (the airline's logo is a trademark) to...
Alan James Brinkmeier
Alan James Brinkmeier's answer
Contributor Level 10

No. Copyright law protects films, movies, literary works, sculptures, paintings,...
Question

Dana Howard Shultz
Dana Howard Shultz's answer
Contributor Level 7

It's certainly possible that use of part of your company's name could...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Trademark infringement requires a nuanced analysis, and without knowing how...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

From a quick search on the copyright database, it seems the flag is from 1911,...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

It's unlawful in California to offer business services by using an insignia,...
Question

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

Joe sells X, which gives him the opportunity to sell his customers Y. Not...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

I agree with my colleague. Since you're a competitor of Joe's, comparative...
Question

Stephen Thomas Scherrer
Stephen Thomas Scherrer's answer
Contributor Level 4

Without knowing anything about the logo, what is registered, etc., what your t-...
Question

Laura Mcfarland-Taylor
Laura Mcfarland-Taylor's answer
Contributor Level 8

Ms Koslyn is correct, but I want to add that without seeing your mark, their...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

As a practical matter, as you note, they're a 10000 gorilla and may have lots...
Question

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

Not if you're only sending the cards to friends and family. Words, slogans,...
Kevin William Grierson
Kevin William Grierson's answer
Contributor Level 3

Two points: 1. First, in order to infringe a trademark, you must be using a...
Ronald K. Phillips
Ronald K. Phillips' answer
Contributor Level 5

Yes, quite possibly. You would be creating a "derivative work" from the...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Yes. Unless your service is for non-profit education, news, criticism or some...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

You need to know that some rightsholder most probably owns the rights of every...
Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

One can, but one risks being sued, or being threatened with a lawsuit and...
Question

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

In addition to Mr. Klosowski's super response, consider this: if someone's...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Look to the claims. If the claims of the later patent are sufficiently...
Question

Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

Yes, infringement covers the activities of making, using, selling, or importing...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Yes, even if you are "just making" your widget to give away, it could still...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

You are probably in the clear if, among other things, XYZ Corp. has legally "...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Are you sure this company no longer exists? You can't rely on a Google search....
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Trademarks are NOT approved or disapproved by any government agency anywhere....
David Hamlin Madden
David Hamlin Madden's answer
Contributor Level 5

If you filed for a Federal trademark, which was first granted and then reviewed...
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

Hopefully Avvo will remove your trademark from your post, as this is a public...
Question

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

It was very, very dumb for "A" to put its product out in the marketplace using...
Carlos Gonzalez
Carlos Gonzalez's answer
Contributor Level 7

the previous advice thus far has been on point. Your question is the equivalent...

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