Archived
Does a trademark protect those words being used together, even if something is added in between them?
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Answered on March 04, 2017
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...
Archived
Can I use the background image of a movie poster for my school fundraiser flyers?
David's answer
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Answered on March 02, 2017
The answers above are correct. There might be a "fair use" defense but it will depend on all the facts, including the exact appearance of the...
Archived
Can I use an image of my car that I took with my camera as the cover to my novel?
David's answer
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Answered on March 01, 2017
You don't really want legal advice on a public board. You should consult an attorney about you specific facts. Generally, however, if you don't...
Archived
When I create a new company with the same brand name, can both the original and new company have a copy of the customer data?
David's answer
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Answered on February 17, 2017
The other answers are good ones. In your license make sure that you not only have trademark ownership covered, but goodwill must be in the same...
Can i use Waldo (from the book "where`s Waldo?) in an advert?
David's answer
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Answered on February 13, 2017
If you mean the artwork then the problem might be both copyright -- in the art -- and trademark -- if the "look" of the character appearing in a...
How can I start a class action lawsuit against the company Poshmark?
David's answer
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Answered on February 11, 2017
It is hard to see that your situation and others share common facts - a requirement for a class action. Also, it would appear there are probably...
Archived
Can I use a name for my US based band if there is a band in UK with same name?
David's answer
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Answered on January 30, 2017
If the UK band has no US trademark (or service mark) rights then it is possible you could coexist if you both stay in your respective geographical...
Archived
How do I handle a situation where a competitor in my industry is using my company name?
David's answer
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Answered on January 25, 2017
If your competitor is making a false designation of origin you have a Federal cause of action. If you have a trademark or service mark...
Archived
Own a business, can I name a menu item by a brand/name of celebrity?
David's answer
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Answered on January 15, 2017
If you sell a Louis Vuitton burger you will get sued. They are very aggressive about enforcing their trademark rights. It's a famous trademark so...
Archived
Say I did a comic book of version of Lewis Carroll's classic under the title "ALICE THROUGH THE LOOKING GLASS".
David's answer
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Answered on January 14, 2017
A short answer is feasible, but the situation is far more complex than your question assumes. Q: Does the fact the British have a word mark like...
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