Archived
If the administrative judges at a cancellation proceeding at TTAB strike my pleading on fraud and won't allow me to amend it
Joseph's answer
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Answered on December 24, 2014
Every claim of fraud in the TTAB got struck after Bose. If you're not a lawyer (and I assume you are not), and you really think that the other...
Archived
Is there a national directory to check for legal problems around a new company name?
Joseph's answer
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Answered on December 24, 2014
The best you can do, and it is not perfect - but about 97% - is a full trademark search from one of the commercial companies llke T&T or Corsearch...
T shirt design, logo copyright of Dallas Cowboys.
Joseph's answer
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Answered on December 19, 2014
It's really easy. If your intent is that people seeing it think of the Dallas Cowboys or if people buying it or see it walking down the street DO...
Archived
Can I file my own trademark paperwork or Do I need a lawyer?
Joseph's answer
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Answered on December 11, 2014
Unanimous again, and I suspect those on this list who specialize in trademark law have all encountered (maybe multiple occasions) where someone did...
Archived
Reselling merchandise in team colors ( no logo, no brand, no name) just colors illegal?
Joseph's answer
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Answered on December 11, 2014
Looks like it is unanimous. If you are selling a red and black stick in Georgia that somehow suggests a connection (because of the color scheme)...
Archived
How do I go about getting permission, say from NFL teams, car makers (Lexus, Ford) to produce a product using those logos?
Joseph's answer
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Answered on December 11, 2014
As someone who represents a major licensor, my 2 cents is that you had best have your patent locked up and your business model honed with forecasts...
Archived
Can it be argued, that goods which are technically in the same class, are not confusingly similar?
Joseph's answer
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Answered on December 11, 2014
The posters have it right. Trademark classes are not determinative of confusion. the case law is clear that trademark classes are merely for the...
Archived
If a business wants to start using online selling services, what permission do they need to take peoples details etc.
Joseph's answer
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Answered on December 11, 2014
There are way too many issues and potential concerns in this general question to even try to answer online. you really need to go with your...
Archived
I'm looking to create a product using bicycle chain. The manufacture's name is on the chain I'm using.
Joseph's answer
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Answered on December 11, 2014
If you can not get the consent of the bicycle company, figure out how to get the chain somewhere else or remove their name. If they have no...
Archived
How close can I get to violating a trademark without actually violating it?
Joseph's answer
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Answered on December 11, 2014
Everyone has told you the right answer. If you have to ask that question, you probably know the answer. And if you really do not, then go see a...
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