We'll help you find the right solution for your needs
Does this sound like your topic?
2nd Question Presented: Is how to challenge at law a legal nullity in relation to a matter that is completely void?
Having spent all of my legal career in intellectual property, I have none of the qualifications to discuss such matters of nullity, but if your successful in proving none of the possibilities exist, you can prove the complete void, i.e., you prove the negative. Upon showing the complete void, no law can address the complete void because, as you have proven, it is a complete void. Once you determine no law can apply, you have a legal nullity. As to where to file that paperwork, my brain is completely void of any ideas.See question
If a guy walked into a lawyers office and said "I want to create a business where I sell video courses about how anyone at home can build and fly their own remote controlled drone. I want to advocate how amazing and healthy flying a drone can feel...
In addition to the answers already provided, I believe a portion of the curriculum dedicated to a strong and thorough safety protocol may help keep liability issues to a minimum.See question
All my letters kept being rejected and I had no other way to contact the defendant to try to mediate the case outside court because the case became too expensive. I am just a secretary and I obtained the defendant's personal email address through ...
Just because you weren't given the information by the defendant does not mean you cannot use it. Use all the public information you can.See question
My logo "certified hustlr" is a total different design and look, My logo will go on clothes, however, there is a company named "Hustle Wear" that has a totally different logo design, but the wording "certified hustlr" on a few of their products is...
Without getting into legal advice, I would like to point out a couple of things, given I did not see your original question or the answers it garnered.
1. A trademark is associated with a product or service. It is not associated with a corporate identity. A trademark can be the same as a corporate identity, but it is not necessary. So, when you speak of your corporate identity, one can use a corporate identity identical to a trademark of another so long as it does not infringe some other entity's trademark rights. In other words, if your corporate identity is not found on your products, it is not a trademark.
2. You speak of "a total different design and look." However, one of the tests for trademark infringement is whether the trademarks sound the same. Does "Hustler" sound like "Hustlr" or "Husler"? Would one of your potential customers or a potential customer of the other company be confused if they heard the trademark of your company (if it is a trademark and not a corporate identity) and the trademark of the other company? If the answer is yes, then there may be a likelihood of confusion.
I am a calligraphic artist. For many years now I've always wanted to hand letter lyrics from the band Genesis (Foxtrot, Nursery Crime, A Trick of the Tail etc...). I never sell original art. In fact I don't make prints. Is there any way that I ca...
The act of copying any work, including lyrics, is independent of the means of copying. Whether it be by hand, ditto paper, mimeograph, or copy machine, it is still copying. You would be making one copy and would be liable for copyright infringement if your copy were discovered. The test for copyright infringement is not in any way minimized by your lack of sales - copying is still copying.
It might be a good idea to speak with an intellectual property attorney to assess the risks and identify steps to take to obtain permission to copy the lyrics. Good luck.See question
We have received a warning of cease and desist of product that we have been selling for quite some time now online. At this point we would like to know what are our options, we have our own design, and it is a very popular product sold by numerous...
Generally, a life of a patent may extend out for 20 years from the date it was filed. You did not give us information regarding the filing date, but the patent could certainly predate the commercial activity going on. In another instance, the patent may cover only a relatively new feature that wasn't present in the earlier versions that were on sale prior to the filing of the patent application. Or, because the USPTO does not have the resources to see what is going on in the marketplace and can only review patents and other publications to see what is old and what is new, maybe the patent was inappropriately issued resulting in your ability to attack the validity of the patent.
There are two aspects to any patent case: infringement and validity. You should contact a patent attorney to analyze the differences between what is claimed in the patent and what your device features include to see how strong of an infringement case they have. You can also task the patent attorney with determining whether you can attack the validity of claims of the patent.
Or, you could reach out to the patent owner and see if you can reach a settlement agreement that is acceptable to both of you.
In a product I am developing it roots the team on but has the name of the team on it, no logos or trademarked material.
The use of team nicknames such as "Cubbies" may be problematic because that may be a common law trademark and the team associated with it may consider it an infringement of its common law rights. It would be best to seek the advice of intellectual property counsel.See question
I have met with Inventhelp regarding an idea, and paid $1000 for a patent search and a "blueprint" of my idea. I was told that I could file for a design patent. I spoke with an attorney who didn't really know too much about patents and he quoted...
Depending on your invention, a design patent application may be appropriate and would cost far less than $5k. However, AND IT'S A BIG HOWEVER, your invention may best be protected by a utility patent and an application for a utility patent application may cost in the $5k-$10k range, depending on how complex your invention is.
Services such as legal zoom are only as good as the information and creativity you put into it. Preparing patent applications is a skill/art and it would be well worth your money to actually speak with a patent attorney with experience. He or she will give you invaluable advice that will help you determine the best way to go.See question
I am planning to open a brewery in about 5-7 years, but I would like to register the trademark now to ensure that it does not get taken by that point. I was thinking to open an online store where I'd be selling merchandise for the brewery, and tr...
While you can file a trademark application before you are "using" the trademark, i.e., before you are selling products/services under the trademark, you cannot actual receive a registration until you prove you are selling product/services. You could file now and extend the time it takes to prove use - but you cannot extend out 5-7 years. Three years is about the maximum.
So in your situation, you would have to file two trademark applications - one for your online store and another one later for your brewery.
Finally, trademarks and their registrations are assets and can be sold so long as you sell the goodwill and reputation with them. It would be best to hire an intellectual property attorney to help make sure the transaction is done right.See question
We own, for example, Cable.com. We own a trademark for the term "Cable" in our country with services and goods, "Selling cable boxes and accessories". We do not provide cable service to anyone, only the devices in our local store. Another compa...
Like most legally defined or created items, trademarks are limited geographically. Your use and your registration in your country will not be given any weight in the US, much like a US trademark and/or use would be given no weight in your country.
So, the question you have to answer is whether your use in the US, which will be a new use, will likely cause confusion with your customers or the customers of the entity that is already in the US. If the customers are not confused or likely to be confused, then you can attempt to enter the US market. If you think confusion will be created, you will need to come up with a new strategy for marketing your offering. I would speak with an intellectual property attorney so you can navigate this issue properly and minimize risk associated with growing your business.See question