Do trademarks arise out of use in commerce by the company, customers or both? does intention to TM matter?

You should read the linked-to paper on the subject of community-created brands [analogous to consumer-created brands]. The sources in the...

As Attorney Doland notes, you need to have a trademark attorney commission a trademark / trade name search and to then evaluate the results to...

Do website administrators / designers have a right to delete website information?

Q: "Is there a legal issue that can come about because I deleted my work and left them with a blank 'canvas'?" R: Yup. Especially if the...

Is it possible to paint celebrity portraits as non-sale samples to display my craft without violating copyright laws?

Getting permission from celebrities will be very unlikely and, in any event, very time consuming. Take photographs of your family and paint...

Do I need to register each aspect of my trademark individually (word, phrase, symbol, or design)?

You may ONLY register whatever it is that you're using as a trademark. If your mark contains three elements [words, symbol and design] then all...

Can someone else form an LLC named ABC LLC in my state if I've previously incorporated as ABC Consulting Inc?

The type of law that applies is trade name law. Most of that law is state law, not federal law [the Lanham Act, etc.]. So the best person to...

Can sysco... sys=company , co=company be a kind of trademark name where we cannot use it even with a letter. DSYSCO

No one can, or will, provide you with a trademark clearance opinion via this forum. Moreover, the clearance analysis does not begin and end with...

Does a trademark for one item cover subsequent but different items under that brand name?

Q: Can it validly claim that those new products that are not trademarked are covered by it's trademark? R: "Trademark" is a noun, not a verb. ...

A book of poetry being offered for sell on LULU. That same book was purchased & sold on Amazon for 3x the authors asking price.

It's lawful to buy a copyrighted work at Price X and then re-sell that same copy for Price 3X. Why on earth would that be unlawful? The original...

Do I have to change my company name?

You've learned the hard way that a Google search and a search of the federal Trademark Office's database of trademarks is woefully inadequate to...