Archived
Assuming all other searches aren't a problem - How close to trademark infringement would I be if I applied to registered this...
David's answer
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Answered on January 25, 2016
I'll give you the best guidance I can, but I am not operating with enough information. First, the misspelling will get you no place, in the eyes of...
Archived
How do I profit off of this account without breaking any laws?
David's answer
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Answered on January 25, 2016
This is not that tough of an issue. It is one where common sense should lead you the correct answer. Do not have anything on your site or...
Archived
Can I imitate a logo and use it publicly for no commercial gain?
David's answer
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Answered on January 22, 2016
While Krispy Kreme donuts are fantastic, I think your idea is bad (respectfully). As Alan (above) pointed out, Krispy Kreme would have a number of...
Archived
Does this company have grounds to dispute my use of the trademarked name if we are working on different markets?
David's answer
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Answered on January 21, 2016
Tough question. Trademark lawyers spend hours and hours figuring out “relatedness” (i.e., whether one company’s product is “related” to another...
Do we need to show actual sales to register Trademark under "use in commerce"?
David's answer
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Answered on January 21, 2016
Good question. Actual sales are not required.
Under our trademark law “use in commerce” of a trademark means “the bona fide use of a trademark...
Can I trademark a fictional business name from a cartoon show that is not trademarked.
David's answer
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Answered on January 21, 2016
Great question. First, having a certain LLC name does not itself give you trademark rights in that name. Said differently, a name may be available...
Archived
Am I infringing on someone's copyright by using the story from a song?
David's answer
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Answered on January 20, 2016
The short answer is the one everyone hates to hear from a lawyer, and that is "it depends." I think it depends on how closely your film mimics the...
Archived
Trademark criteria other than uniqueness
David's answer
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Answered on January 20, 2016
From your description, I would say “yes,” you can use XYZLogic. My answer assumes that your assessment that your software business is “totally...
Archived
How do I get copyright of an image sighed over to me when the artist is in a different state or country?
David's answer
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Answered on January 19, 2016
You should have written agreements with both artists which clearly state they are transferring or assigning the rights, including copyrights, to...
Archived
Can i file for a "dead" trademark?
David's answer
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Answered on January 18, 2016
A “Dead” application or registration on the United States Patent and Trademark Office site is a decent start, but you’ve got more work to do. You...
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