Archived
Can I use another company's name in my company name if I am providing a product to be used with theirs?
David's answer
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Answered on June 03, 2017
That one is risky because of the size of Microsoft. There are potential defenses like nominal fair use but the general rule is that you can only...
Can I sue for unfair competition because of a competitor's failure to label their products as required by law?
David's answer
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Answered on May 26, 2017
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...
Archived
Other businesses are using my company name, can I do something about this?
David's answer
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Answered on April 29, 2017
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...
Archived
Can I use this without issues?
David's answer
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Answered on April 23, 2017
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...
Can I compare my lotion' s scent to a designer fragrance?
David's answer
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Answered on April 15, 2017
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...
Archived
Infringement of a patent
David's answer
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Answered on April 11, 2017
You should seek indemnification from your supplier.
Infringing acts can be more than literally "selling." If you did any one of making, using,...
Archived
Is it okay to use an NFL division name for a sports website?
David's answer
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Answered on March 22, 2017
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...
Can I use a 6 second video clip from a music video?
David's answer
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Answered on March 20, 2017
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...
Archived
Can I serve interrogatories to other party?
David's answer
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Answered on March 17, 2017
All the rules and procedures are in the Trademark Board Manual of Procedures. ...
Archived
If i pick a company name thats a trademarked product name in a different occupation does it prevent me from using that name
David's answer
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Answered on March 04, 2017
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...
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