Can I use the name "Popeye" for a character in a children's book, even if it's not related to the copyrighted character?
Martin's answer
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Answered on September 16, 2016
One problem you face is that you probably picked the name because of the well-known Popeye character. So you would prefer not to have to defend...
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How is a business divided during divorce?
Martin's answer
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Answered on September 14, 2016
There is no one answer to this question. It will vary State by State. The particulars of your approach to such matters during marriage will vary....
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Am I infringing on an existing Trademark -see details below.
Martin's answer
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Answered on September 11, 2016
Given the adversarial situation and possibility of adverse action being taken against you, you need an attorney at this time. Your position is not...
Archived
Response to Trademark Office Action
Martin's answer
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Answered on September 11, 2016
You have asked some excellent questions and do appear to have an opportunity to move forward in the direction you want. But you need to formulate...
Archived
Is my domain infringing on a companies trademark?
Martin's answer
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Answered on September 07, 2016
Let us assume that you use the domain name for a website for your health and wellness business and that the website does not bear any resemblance...
Archived
Brand sent me letter to take down website that partially contains their name. Can they enforce it?
Martin's answer
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Answered on August 30, 2016
As others have noted, your use is not without defenses. But at the same time, the issues are intricate and require special expertise to analyze...
I have opened an LLC in NJ and found out, there is a company in FL that has the same name. Am I in trouble ?
Martin's answer
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Answered on August 26, 2016
Having the same name in different states is not automatically a problem. An LLC name is not a trademark unless it is used as such. Your NJ...
Archived
Would this technicality open me up to being found in violation of the Anticybersquatting Consumer Protection Act?
Martin's answer
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Answered on August 22, 2016
As you might now realize, you never should have contacted them without attorney advice. The same holds true now. You might have some valid points...
Archived
Can I name my business something if a domain name is taken?
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Answered on August 18, 2016
On top of answers already given, you should consider having your domain name and word trademark read the same. So you might want to put the "the"...
Archived
If someone has trademarked a word (exp) fishandchips and they have a website fishandchips.co, can I trademark fishandchips co?
Martin's answer
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Answered on August 11, 2016
You have a potentially workable situation, but need to run it by your attorney because there are multiple factors to consider in terms of...
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