California Trademark Infringement Legal Advice (158 found)

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Louis Carbonneau
Louis Carbonneau's answer
Contributor Level 2

Is ZZZ the actual name used or is it just a place holder for anothe word? It's...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

You need to get your own IP litigator, because these questions are very fact-...
Question

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

Your domain name, if the example you gave is representative, seems too generic...
Kevin Brendan Murphy
Kevin Brendan Murphy's answer
Contributor Level 6

Because the cease and desist letter refers to the Lanham Act (the federal...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

The legal conclusion that one trade name infringes another is, unfortunately,...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's very unikely that you won't get to keep your domain name, even if your...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Please see my answer to your other question.
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

It's absolutely possible to refer to a famous brand in a parody website, to use...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

No, this use sounds like referential "nominative" use of the brand's trademark...
No photo
Matthew Timothy Bechtel's answer
Contributor Level 5

Without seeing the context I could not say for sure, but based on the facts you...
Question

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

Importing counterfeit products violates trademark law -- whether or not you...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Have you actually been served with a federal court Summons and Complaint, so...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Very likely. Abandonment has to be deliberate, and you have to be sure before...
User's answer
you can register a trademark (6 months) after the trademark registration...
Question

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

Underlying your question is the FALSE assumption that by registering a...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

If the trademark is yours and the corporate name is available according to the...
Mario Sergio Golab
Mario Sergio Golab's answer
Contributor Level 6

Do not confuse a domain name with a trademark. The domain name holder cannot,...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Some generic descriptions can be trademarked, but generally any name that's...
Pamela Koslyn
Best Answer: Pamela Koslyn's answer
Contributor Level 10

In order to avoid trademark infringement (and using the font style and colors...
No photo
Matthew Timothy Bechtel's answer
Contributor Level 5

The answer ultimately depends on what you mean by “The T shirt does not...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

You're trying to name a new company and are considering one that's similar to...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Well, I'll give my standard answer that all TM infringement questions can only...
Thomas H Jackson
Thomas H Jackson's answer
Contributor Level 3

The ultimate test for trademark infringement is confusion in the marketplace....
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Acquiring trademark rights can and should cost some money, but it doesn't have...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

About 50% of all TM applications are rejected by the USPTO, and probably many...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

URL owner wins. You won't be able to prove that the URL owner registered the...
Question

Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 5

A band's name can be a trademark or service mark if it is used to sell goods or...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

As my colleague noted, TM rights are acquired by use, and maybe your use of...
Question

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

Okay to who? It would certainly NOT be okay with ZZZ Image because...
James Juo
James Juo's answer
Contributor Level 5

If you are going to change your name, I assume you will obtain an agreement...
Question

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

Your ONLY option is to hire an intellectual property litigator. That...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

You must be aware that you haven't provided enough information to get any...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Your "free and clear" use may not be a justified presumption, since it sounds...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

The only information I can think of to add to Ms. Koslyn's response is that you...
Question

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

If the "music players" that you're selling do not contain any Microsoft...
Antone F. Johnson
Antone F. Johnson's answer
Contributor Level 5

Yes, given that the police were able to obtain a search warrant from a judge,...
Question

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

Very likely trademark infringement if you brand a product by affixing it with...
Mario Sergio Golab
Mario Sergio Golab's answer
Contributor Level 6

Most likely your logo may result in confusion and thus trademark dilution can...

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