I'm a distributor of generic products sold under an unprotected name (e.g. "Red Lid"). The Consumer Product Safety Commission requires that this category of products be labeled with the net contents, product identity, and manufacturer’s, packer’s,...
You might be able to claim there is a "false designation of origin" a Federal cause of action, or your state might have a Consumer Fraud Act or Uniform Deceptive Trade Practices Act cause of action. There are some subtleties in labelling requirements, like exemptions for very small packages.See question
I have an established retail store that has been open in NC for several years. In the past year, 2 other stores have opened up & are selling extremely similar merchandise as my store does with the exact same name as my company. The only difference...
If the name is distinctive and you used it first you would acquire common law rights in your territory. If the other stores are in the same lines of products there may be a likelihood of confusion and therefore infringement. It will depend on the meaning of the name and the presence of third party users among other factors. If it's descriptive or generic that would change things. There was one a store chain called Convenient Food Marts. They went bankrupt after their mark was held to be generic.See question
There is a YouTube channel with a name that I would like to use, it has been inactive for over 4 years and no one has claimed it the channel does have 110 thousand subscribers though would it be safe for me to use the name?
You can't get a 'clearance' for such an ambiguous question on Avvo. If it were used as a mark and is not abandoned, maybe. Hire a trademark lawyer to review the facts and give you an opinion.See question
I am planning on selling lotions that smell very similar to designer fragrances. A few examples would be bath and body work's forever red, philosophy's amazing grace, Victoria secret's Bombshell, and chanel's coco chanel. Could I advertise my prod...
Comparative advertising can be a good thing. You outline some good principles. You should take no more than you need to in order to identify the competitor and if you make any claims about who loves your product, they should be accurate. If your facts give a different message and cause likely confusion you could have a problem. Have a lawyer evaluate the specific ads..See question
I am a retailer that sells a particular item in my stores that has been flagged for patent infringement. I pulled the item from my stores while I work with the attorneys on this. I still have the items in inventory, though, and the patent on the i...
You should seek indemnification from your supplier.
Infringing acts can be more than literally "selling." If you did any one of making, using, offering to sell, or importing an item on which a claim reads you could be guilty of infringement in the US.
Whose attorneys are "the attorneys"? If they are your attorneys, they should advise you. If they are the patent owner's attorneys, you should hire your own.
Frankly, it would take some legal research to determine if there would be damages from an infringing offer or import during the life of the patent if the sale does not occur until after expiration.
I've created a sports Facebook page that deals with the NFL, we just give updates on day to day news, scores, debates, and it's now close to 100k likes. I want to create a website/blog to expand more. The name of the website does have "NFC East"...
A good answer above. The answer will depend on many more facts than you present. At one extreme, it should be permitted to use the name in something like news: "Team X just won the NFC East" and at the opposite end, your promoting you site without disclaimer using an official NFL NFC Logo, which would be likely to cause confusion. Undoubtedly the entire context, words and graphics will be relevant.See question
I would like to create a video on my website. My video would contain a six second video clip from a Hank Williams Jr. music video. Do I need permission from the artist for just 6 seconds?
You can't get a "clearance" just because it is only six seconds. There have been cases of music "sampling" that found infringement from only a few notes, although, "sampling" appears factually different from what you propose. There's a pretty good Wikipedia article on "sampling." For you to make "fair use" you need to evaluate (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 6 seconds might not be a problem for some uses and might be a problem for others.See question
I have reveived interrogatories from the plaintiff in trademark opposition proceeding. I will answer them . Can I also serve interrogatories upon them? If yes, when?
All the rules and procedures are in the Trademark Board Manual of Procedures. https://www.uspto.gov/trademarks-application-process/appealing-trademark-decisions/tbmp-prefaceSee question
id like to use the name magfeeder for ammo and weapons accessories but i see online that magfeeder is a trademarked product of a company that makes aquarium parts is there a conflict in using this as a company name
The above bservations are good ones, but here's a slightly different twist. Since the issue is whether there is a likelihood of confusion between the marks as applied to the goods, if both marks are "weak" then likely confusion is harder to find. Hire a trademark lawyer to do a search and give you an opinion.See question
Example: If "Happy Birthday" was trademarked in class 16 and someone used "Happy 16th Birthday" with a product that falls in class 16 - would that be a trademark violation? (obviously not the actual trademark - just an example of what I'm askin...
The test is whether there is a likelihood of confusion comparing the marks and the goods on which they are used. Depending on the court, a number of other factors are also considered.Happy and birthday would not make a particularly strong mark but 16th might not avoid confusion. How similar are the goods?See question