I have a question regarding Nominative Use of a trademark within a URL (domain name) that seems to meet "fair use" criteria.

The criteria for nominative fair use to which you refer are generally threefold: (i) the product or service in question must be one not readily...

A basic consideration would be, depending on how exactly you are "extracting data" from a website, whether such activity violates the website's...

Under certain circumstances (i.e., uses of another's trademarks without authorization), a disclaimer may help ensure that there would be no...

If a business wants to use another company's logo, do they need permission?

Your hypothetical keychain business would need permission from BMW. BMW, like most automakers, sells in addition to cars a variety of car...

I run a global contest and need to include something in our official rules about intellectual property rights

Your acknowledgment of the intellectual property rights issues inherent with online user submissions is good thing. You should contact a local IP...

I am still undecided between two names for my brand. Should I file an intent to use for both names at the USPTO while I decide?

When filing a Section 1(b) application, you are attesting that you have a bona fide intent to use the mark; this is somewhat inconsistent with what...

May I use photos found through Google search in my website, I want to use professional photos of people on my website.

Using just any photos you find online - as seemingly "free" as they are - is asking for trouble. There is a variety of stock photo websites which...

I am starting a new company in breast cancer, but the ribbon will not be pink. Am I ok in terms of trademark?

As an initial matter, there are many ribbon-type logos used for all-things cancer related; "regular breast cancer logo" may need some...

How does a third-party SAAS service deal with trademark infringement claims on one of our customers?

At least initially, the dispute would be theirs. Your SaaS provider / hosting agreement or documentation should contain a suite of disclaimers and...

Can I be sued for copyright infringement and defamation for posting a nude photo online?

Websites like MyEX.com and equally-notorious RipoffReport.com exist to take advantage of Section 230 the Communications Decency Act (47 U.S.C. §...