Is a trademark has been filed (application) but not approved by USPTO, does the applicant still have right claim infringement?

It depends. Trademark rights are acquired by using the mark in a specific geographic area, for specific goods or services, to distinguish your...

If someone filed a trademark (application, not approved) "XYZ" and I use the name "XYZ•", do they have right to file claim?

The slight difference in punctuation will not in any way reduce anhy likelihood of confusion that may exist. However, there are numerous factors...

What is a good start to start a copyright search? Is there a website that can help me do one for free?

In addition to Attorney Tencza'a answer, if travelling to the Copyright Office is not convenient, you can have the Office perform a search for you....

You have both a claim for copyright infringement and a claim for defamation. Given the present infringement, you can request special handling at...

IIf someone does not have a trademark in the USPTO for a name can I trademark the name before creating the product ?

Trademark rights are acquired by using the mark in a specific geographic area, for specific goods or services, to distinguish your goods or...

Are there any New York attorney's out there with experience filing patents for an ebook?

If I understand the question correctly, you have not written an e-book, but have an improved software pachage for delivering and reading e-books. ...

Whetehr you will be able to bring a claim of trdemark infringement depends on whether your geographically descriptive name has acquired "secondary...

Unfortunately each situation is so unique that it is impossible to give actionable advice from an analogy. Actionalbe advice would require the...

I agree with Attorney Natoli's answer. Under the first sale doctrine, once you purchase a trademarked item, you are free to modify or sell that...

Trademark rights are acquired by using the mark in a specific geographic area, for specific goods or services, to distinguish your goods or...