I have trademark my eyelash business and another business is using a similar name as mine, what I can I do??
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Answered on August 02, 2020
You should consult competent trademark counsel privately to evaluate your case. Generally, the standard for trademark infringement is "likelihood...
Could a person be sued for selling clothing items with images on them that others find offensive?
Thomas's answer
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Answered on August 01, 2020
Certainly you can be sued that is independent of the merits i.e. whether you ultimately win or lose. But as a brand owner among other things you...
Can you use a branded logo on crafts you make for yourself and give away to family?
Thomas's answer
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Answered on August 01, 2020
While generally your proposed use would appear to avoid liability for trademark infringement, that does not prevent trademark owners from suing you...
What do I do if I want to trademark my name but someone has it but not to the full extent of what I want?
Thomas's answer
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Answered on August 01, 2020
There is a difference between corporate name or trade name and trademark. The former are registered with the state and any differences is...
Can I sell clothing with quotes of ancient people?
Thomas's answer
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Answered on July 31, 2020
Generally any thing ancient that is publicly known will be outside the protection of copyright. There is alway a possibility that the word or...
What is intellectual property?
Thomas's answer
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Answered on July 31, 2020
Intellectual property covers many things including without limitation original expression (copyright), brand identity (trademarks), trade secrets...
Can I choose a name similar to a trademark name?
Thomas's answer
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Answered on July 30, 2020
There is always a risk that adopting a mark that is visually close and/or phonetically close to a well known brand may stimulate action by the...
What is considered Transformative use?
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Answered on July 30, 2020
The devil is in the details. But you are acknowledging that Disney was the "inspiration" and the reason for adapting the Disney like characters...
Is my necklace violating copyright infringement laws?
Thomas's answer
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Answered on July 29, 2020
Jewelry is considered a visual art and is subject to copyright. The standard for copyright infringement is access plus substantial similarity. If...
Can I publish a recipe book for sale that contains other people's recipes if I acknowledge the source/author of the recipe?
Thomas's answer
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Answered on July 29, 2020
The short answer is that it depends. Recipes as a list of ingredients are not generally subject to copyright, but if there is additional...
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