If you file a Trademark app "Intent to Use" 1b and someone else files "Use in Commerce" 1a......on the same mark.....who wins?
Gerry's answer
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Answered on May 27, 2009
To answer your second question: Not generally, but sometimes.
A federal trademark application filed on the basis of "Intent to Use" ("ITU")will...
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Can you use random positive blog posts (not your blog) on your website as testimonials?
Gerry's answer
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Answered on May 22, 2009
In general, nder U.S. copyright law, the author of a blog posting owns a copyright in the words that s/he wrote. If someone else were to make a...
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I have a social networking website, that has about 20,000+ members.
what are the rules/laws that govern moving
Gerry's answer
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Answered on May 22, 2009
Gee, I am afraid that your question is unclear. The subject of the question reads: "I have a social networking website, that has about 20,000+...
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A trademark i want to use for tshirt printing was abandoned in 1994 per trademark office. Is there a way to purchase old mark?
Gerry's answer
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Answered on May 22, 2009
To expand a bit on what Laura was saying, the mere fact that a record in the U.S. Patent and Trademark Office TESS database is identified as DEAD...
Can I force someone to relinquish to me a domain name that contains my trademark name within the context of that domain name?
Gerry's answer
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Answered on May 03, 2009
In general, under U.S. law, if the owner of the domain name is seeking to hold the domain for ransom, it's possible you would have the right to sue...
Can I Trademark a Similar Name in a different Industry as a Tradename?
Gerry's answer
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Answered on May 03, 2009
Kurt's answer was right on.
I would add that if a trademark is merely descriptive of a product or its characteristics, the owner might not have...
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Would Selling square mlb,nfl, or nhl stickers as "wallet skins" be considered Copyright infringment?
Gerry's answer
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Answered on February 26, 2009
The previous answers posted to this question are generally accurate as far as they go, and under the assumptions that they make.
However, they...
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Do I need to trademark my design?
Gerry's answer
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Answered on February 21, 2009
Each of the preceding answers is generally accurate, so far as it goes.
But I would add to their comments that someone in your situation should...
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Who owns the business name?
Gerry's answer
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Answered on February 21, 2009
The answer, like many, is "it depends."
The first thing it would depend on is "who is suing whom"? Let's call the little company DAVID and the...
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Trademark infringement law, is it infringement if a trade name just sounds like another one
Gerry's answer
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Answered on February 21, 2009
I agree with the comments posted above.
I would add, however, that you said "the section that we would like to register in is the same as the...