I want to post a blog saying something along the lines of The Chicago Cubs (insert trademark symbol) are Champions...join a winning team and start Your career with (my company)....Is that legal?
Depending on the specific circumstances, one could argue that you are creating a false association or affiliation between your company by an unlicensed use of its trademark. Before you go down this path, consult a trademark attorney.See question
I'm a huge comic book fan and an Electronic music producer. I'm curious if I name a song after a comic book character will I get sued for trademark infringement? Something tells me this is sacred ground.
The court case, Mattel v. MCA Records, 296 F.3d 894 (9th Cir. 2002), involving the song "Barbie Girl" and the Barbie doll trademark might be relevant. The court held that the song was protected as a parody (but please note that the parody defense is often narrower than many people think). The court decision concluded with the following statement: "The parties are advised to chill."See question
It would be a large scrolling list in a single typeface (no trademarked images) of names that companies use for specific products, like "SHROOM, ORGASM, SOBA, CONCRETE," each of which are the names for colors of eyeshadows and other products from ...
Trademark infringement under federal law in the 9th Circuit, which includes California, is based on a non-exclusive eight-factor test known as the Sleekcraft factors (named after the case, AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979)). The 9th Circuit's model jury instructions based on this test can be found at http://www3.ce9.uscourts.gov/jury-instructions/node/244. Whether there is infringement is going to depend on an analysis all of the relevant specific facts, circumstances and context. You are unlikely to find a definitive answer in the abstract. Instead, it more of an assessment of the risk of controversy as to whether there is a likelihood of confusion that may give rise to trademark infringement. You should consult with a trademark attorney if you want legal advice to rely upon.See question
I have an attorney, who filed and obtained a trademark on our behalf. The trademark was filed under intent to use, so we needed to file a statement of use. The trademark hadn't been used in commerce yet, so we asked him to file a 6 month extension...
Someone with legal authority to bind the company (e.g., a corporate officer or general partner of a partnership) may sign a submission to the USPTO. See TMEP 611.02. An owner of a small company (like an LLC or S-corp) often also is the CEO, President, or managing member, and would have such legal authority for that reason.
However, if you intend to continue using your current attorney on this or other matters, going behind the back of your attorney might result in the end of the attorney-client relationship because your attorney may not want to continue working for such a client. You may want to instead be upfront and talk to your attorney about your cost concerns and either work something out or amicably transfer the work to another attorney.See question
I am saving back money to invest into my career and really don't know where to go. Hoping this will be of some help .
You can file an application for a federal trademark application with the U.S. Patent and Trademark Office ("USPTO") at www.uspto.gov. It also is possible to file for a state trademark registration, but a federal registration, which provides nationwide rights, is often the better option. You can file a trademark application on your own, but a lawyer can help conduct a trademark search and often will spot other trademark issues to consider and avoid later problems. If you are serious about your business, then retain an attorney to advise you. The attorney's fees can vary widely from attorney to attorney based on experience, location, etc. According to a recent national survey, the average was $1200 and the median was $700 for preparing and filing a trademark application.See question
I will only be selling zippo manufactured products from one of zippos wholesale distributors, can zippo themselves sue me because the zippo name is within my overall retail store name?
A similar issue was raised in connection with the domain names "buy-a-lexus.com" and "buyorleaselexus.com" in Toyota Motor Sales, U.S.A., Inc. v. Tabari, 610 F.3d 1171 (9th Cir. 2010). You should consult with a trademark attorney about the risk of controversySee question
Company A sells an animal shaped tea infuser and Company B outsources the manufacturing of the same animal shaped tea infuser. Is Company B in trouble for copyright infringement on the design of company A's product? The two are the same basic form...
To expand upon the prior responses, the question appears to raise possible intellectual property issues relating to copyrights, trademarks, and design patents. Copyright might be limited by the useful article doctrine. Trademark for the trade dress might require secondary meaning (where the purchasing public recognizes that design as a brand of Company A). A design patent would require that an application have been filed within a year of the first public disclosure, sale, or offer for sale. For infringement, a lot would likely depend on what is meant by "the same." An exact duplicate? Or the same type, such a penguin shape but not the exact same penguin? If this is a real-life scenario rather than a hypothetical, then consult an IP attorney.See question
If I need a lawyer, how much can I expect to pay?
One can file a trademark application on their own, but a lawyer will often spot issues to consider and avoid later problems. The cost can vary widely from attorney to attorney based on experience, location, etc. According to a recent national survey, the average was $1200 and the median was $700 for preparing and filing a trademark application.See question
I got pelvic inflammatory disease from using Summer's Eve douche product. However they put on their box that an association has been made between the product and the disease. I was told I should sue. Do I have a case if they put that on their ...
If you think you "should sue," then you should consult with an attorney on whether the product was defective. For some general background on product liability, you may want to read https://www.nolo.com/legal-encyclopedia/product-liability-faq-29105.htmlSee question