Archived
A lady on a social media is selling tennis shoes, which she has painted the likeness of an NFL team. Is this legal?
David's answer
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Answered on August 02, 2016
If by "likeness" you mean the team's names or logos, doing this commercially -- your promoting it -- could raise trademark infringement issues. An...
Archived
How do I file Section 337 complaint ? And how much it is going to cost me in legal fees ?
David's answer
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Answered on July 30, 2016
It is very complicated to do these correctly and it gets expensive. As a rule of thumb, I often say it will cost as much as seeking a preliminary...
Archived
Can I use a country top-level domain while the top level 'com' is registered by someone else?
David's answer
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Answered on July 21, 2016
It will depend on the domain name. You can register it and it will work as a domain name. But if the name is also a registered trademark you...
Can I make a business revolving around pokemon without being sued? :
David's answer
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Answered on July 20, 2016
You should not adopt names that are so similar to another's mark as to cause a likelihood of confusion. If Pokemon is a mark and if you create an...
Archived
I got a trademark infringement demand letter siting only a custom letter as evidence is this enough?
David's answer
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Answered on July 19, 2016
It sounds like you may be misinterpreting the facts. The letter itself is probably not the evidence. But it probably discusses the evidence. What...
How close is too close for trademark infringement?
David's answer
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Answered on July 07, 2016
If you are publishing books and the other user is selling related products to the same or similar customers, you may be justified in sending a...
Archived
Can I use the shape of a Frappuccino (round cap, cylindrical body) in a for-profit comic?
David's answer
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Answered on July 05, 2016
The emphasis in your question on identification with Starbucks highlights an area of concern, as pointed out above. It might be noninfringing, or...
Archived
Could I monetize videos on YouTube while I am mentioning brand names and using its logos for educational purposes?
David's answer
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Answered on July 03, 2016
For there to be fair use of a trademark you must be making a non-trademark use and only take enough to bring the original to mind. Using logos...
Archived
Can I hashtag another companys name if it is trademarked?
David's answer
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Answered on June 28, 2016
There are too many variables to answer the question here. If the evidence shows summer water is descriptive of rose and your context is a...
Archived
Can I name an automotive repair facility Mercedes Elite Service.
David's answer
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Answered on June 28, 2016
It is not recommended that you name your business with a car company's trademark in your name. You may be able to use their mark in advertising to...
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