Archived
If a company files for federal protection on a trademark name I've been using in commerce online for years what are my rights?
Gerry's answer
|
Answered on February 07, 2014
For actionable legal advice, engage an attorney experienced in trademark matters to represent you. Disputes such as you describe are not "do it...
Archived
Which law system applies for our .COM website's legal pages (website for US/UK visitors, but we are registered in European Union
Gerry's answer
|
Answered on February 03, 2014
There isn't a single answer. It depends on a lot of things, including particularly where the people are who interact with the website. There are...
Archived
After my logo was registered with USPTO, I decided to add to logo by putting a box around it, is that legal?
Gerry's answer
|
Answered on February 03, 2014
I agree with the attorneys who've already answered.
But let me add some further discussion. One question you imply but don't expressly ask is: ...
Archived
Can I use a name for a clothing site that's already taken?
Gerry's answer
|
Answered on February 03, 2014
Attorneys Doland and Schultz are right on point.
It's time to go back to the drawing board and come up with another identity for your business,...
Archived
I am a very small business, however need a trademark on my name and logo.
Gerry's answer
|
Answered on January 26, 2014
Why do you feel you "need" a "trademark"? That is, are you aware that use of a trademark is likely to provide trademark rights under the common...
Archived
Pan Am not existing anymore, could an establishment (bar/restaurant) be named after the airline?
Gerry's answer
|
Answered on January 07, 2014
In general, once a trademark becomes abandoned, it's up for grabs to be adopted by a newcomer.
A separate question would be whether one could...
Using another company's name on my website
Gerry's answer
|
Answered on December 31, 2013
In my view, the answer is NO.
Use of the encircled-R symbol is a way that the owner of a federally registered trademark is entitled to "fly the...
Archived
Hello. I purchased a large amount of custom molded car parts. I want to sell these parts. How can I find out if there's a patent
Gerry's answer
|
Answered on December 30, 2013
So where's the problem? If patented parts were made by an authorized maker, a purchaser would have the right to resell them. The law provides...
Archived
Can someone sue me if they copyright a short word phrase for a tshirt, even though I used it first and didn't copyright it?
Gerry's answer
|
Answered on December 30, 2013
Generally, short phrases aren't considered to have sufficient" expression" to be protectable by copyright.
Archived
If I resell a college logo product and learn the product isn't properly licensed, do I risk losing inventory to forfeiture?
Gerry's answer
|
Answered on December 29, 2013
Yes, if the trademark is federally registered or is registered with a state that has a similar forfeiture provision.
See, for example, Title 19...