California Trademark Infringement Legal Advice (93 found)

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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...
Question

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

Federal trademark rights tend to override state trademarks, if they are senior...
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

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.
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

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

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

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

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

Your question reveals a fundamental misunderstanding that many, many people (...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

If my colleague's examples have not enlightened you to the point where you...
Question

Pamela Koslyn
Best Answer: Pamela Koslyn's answer
Contributor Level 10

This prior user from another state may have prior use, but you don't specify...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

The facts that you've put into play in your stream of consciousness questions...
Question

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

Definitely get an attorney to help you with this. Chances are good that if...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

I believe that you should consult with an attorney. The issue here is one of...
Question

L. Maxwell Taylor
L. Maxwell Taylor's answer
Contributor Level 7

What you describe may well be actionable infringement. Contact a California...
L. Maxwell Taylor
L. Maxwell Taylor's answer
Contributor Level 7

The above comment was based upon the misapprehension that you were writing from...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Specific copyright infringement claims, like trademark infringement claims, can'...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

If you want to know whether your amended software code infringes your...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Yes, you would be infringing. See http://tarr.uspto.gov/servlet/tarr?regser=...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Titles are short phrases aren't copyrightable, but it's possible that the UFC...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Your play, from the moment its written is protected by a common law copyright....
Tomas Michael Flores
Tomas Michael Flores' answer
Contributor Level 4

I would recommend that you first register the play with the Library of Congress...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Regardless of where you live, the knowing purchase of goods with counterfeit...
User's answer
can you leave your email ? or send the email to me easygotrade@hotmail.com...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Both, and neither. Yes, and no. Your trademark protects your t-shirts (and...

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