How should I structure my trademark systemically?: I am an 18 year old sole member of a single member Wyoming LLC called ELANCI Morningstar LLC. I am also a music artist who plans to release music under the name ELANCI - a different name than the LLC potentially. I want to file a federal trademark for a logo symbol called £¡ in class 41 entertainment services. Should I file the trademark under my personal name or the LLC? Would filing personally better protect my artist identity in the case of liability?
Gerry’s answer:
You ask a question about potential liability that's best answered by a business attorney practicing in the jurisdiction of your domicile.
It's typical for a business entity such as your LLC to own pertinent trademark registrations covering the services provided via vour LLC.
Other setups would also be reasonable options.
-Good luck!
Do I have to change my business name?: I am being told I will be sent a cease and desist for my business name Creature Care and Sitting Services from the business Creatures Pet Care
Gerry’s answer:
Until a court orders you to stop, you don't HAVE TO change the name of your business. However until you get confidential advice from an attorney engaged for this purpose, you don't have a meaningful inkling as to whether or not a court is likely to issue such an order after an appropriate proceeding. It would be prudent to seek such advice from a local attorney with expertise in intellectual property matters.
The pertinent legal issue would be the likelihood that a customer who knows of the other company would infer (incorrectly) that your business is connected with it. This would involve assessing the "likelihood of confusion" from all factors relating to your respective business identities.
What are all of the legal issues I must consider with usage rights for images shown in an app?: My friend and I are building a mobile app called "Like It Or Not?" which will allow users to vote on whether or not they like or dislike anything across 14 categories such as Politics, Movies, Sports, Brands, etc. We want each votable subject to have an image. For each category, I'd like to know the specific issues around use rights, copyrights, and licensing for the images. Naturally, I'd prefer to use free images wherever possible. Paying for certain images is viable. I've used Claude AI to answer my preliminary questions, and now it's bringing up nominative fair use and saying that we should consult with a lawyer.
Gerry’s answer:
Have you considered using AI-generated images, such as from Gemini Nano Banana? You can get a family of related images, that aren't subject to copyright restrictions.
I wonder why you're being led into the weeds of nominative fair use. I suspect it's because you're thinking of using an image from a movie as an exemplar of a token representing movies.
When you work with a lawyer you engage, you'll be entitled to actionable legal advice on the specifics. Best wishes for your success.