Archived
I have another company using the same business name as we are. They are within 20 miles from our location.
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Answered on August 09, 2015
Preserve the evidence you have showing the nature and amount of your advertisement of your business name and any instances of confusion. Cases are...
Archived
Trademark Conundrum
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Answered on August 07, 2015
No. You are not required to use the symbol. Using TM or not is optional.However, your facts bring up many other complex issues. You should...
Archived
What type of license do I need to use college and Professional sport logos for my own sport apparel company?
David's answer
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Answered on July 12, 2015
College teams have a little different structure, but you will also need a license. Where there is a conference whose members are in demand, you...
Archived
What should I do with a patent infringement letter?
David's answer
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Answered on July 01, 2015
You should hire a competent patent attorney to look at the specific facts. Also preserve all evidence of what you were selling in 2002. If it is...
Archived
Is my business name similar enough to be trademark infringement?
David's answer
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Answered on June 27, 2015
In addition to the above answers, which are correct, note that trademark and service mark rights are primarily "common law" rights that start based...
Archived
How do I know if someone has grounds for a trademark/copyright infringement against my business?
David's answer
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Answered on May 14, 2015
If they threatened you with a "trademark/copyright" lawsuit, understand that they are not the same thing, but they might be complementary. You can...
Archived
Patent Infringements
David's answer
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Answered on May 12, 2015
You definitely need a patent attorney familiar with interpreting patent infringement situations -- if you are making, using or selling your...
Archived
Is it trademark infringement to put together two solid color bracelets to create team colors?
David's answer
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Answered on May 02, 2015
The above answers are all good ones. I also observe that you don't exactly say what you will be saying or displaying to encourage the customers to...
Archived
Who has the legal right to use a name of an industry lobby group when two different parties are using the exact same name?
David's answer
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Answered on April 27, 2015
Trademark rights generally, but not exclusively, apply to commercial use. The US recognizes common law trademark rights arising from use, even...
Can I purchase wholesale clothing and add my name to the price tags legally?
David's answer
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Answered on April 13, 2015
Some of those questions have complex answers. You may want to consult with your own attorney to weigh the possibilities under attorney client...
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