Is it legal to generate a website that parodies an existing business?
In general, a parody is considered to be a form of fair use that would not give rise to liability. That being said, whether your website would be...
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In general, a parody is considered to be a form of fair use that would not give rise to liability. That being said, whether your website would be...
If a term as "over the years grown to become a standardized description of this specific system," a court could determine that it has become a...
You should have trademark attorney conduct a trademark search for similar marks, and then consult with the attorney about whether to file the...
This sounds like a trademark issue rather than copyright. An important question to ask is where and when the two marks were first used. Trademarks...
Another option is to move on and use a different mark for which you are more likely to build brand equity, especially if you have only filed an...
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For patent infringement, the patent owner is entitled to both an injunction, and damages for infringement that occurred before the injunction. ...
You may want to look at Interstate Brands Corp. v. Celestial Seasonings, Inc., 576 F.2d 926 (C.C.P.A. 1978). The marks at issue were ZINGERS for...
Use of a trademark in a domain name could be considered a nominative fair use that is not likely to cause confusion, and thus not an infringement,...
Could you be sued? Yes. Did you have a defense? Maybe a parody (or other fair use) defense, but whether or not you made a profit is not a...
A classic example is the Escalator. It was once a trademark for moving stairs. "Escalator" was the brand name and "moving stairs" was the generic...