You are the senior user, but the other company got their trademark application in before you. You do have common law rights, and have existed well...

Strictly speaking, it would still be copyright infringement. You are making a mod (or modification. Legal term - derivative work) of an already...

Trade Dress is another piece of trademark protection. This would be how your product is packaged. If you're using the same colors, package design,...

All you need is "substantial similarity" for copyright infringement. In this case, your drawings would only have slight changes. What you would be...

I want to say this looks like a trademark question over a copyright question. Please know that copyright and trademark are two different areas of...

If you have the same name in the same industry, then that would be trademark infringement. From what you have said, it looks like the NY person has...

Is the bear actually Winnie the Pooh? WIll people look at the bear and immediately think the bear is Winnie the Pooh? If yes, then you could end...

It is possible you two could co-exist, since you are technically in different industries. As Attorney Doland pointed out, the same name in the same...

When did you first use your mark? When did they first use their mark? Is your business name/LLC the same name as your trademark? (they do not...

Strictly speaking, it would be a violation of copyright law. You are essentially making a derivative work (an audio recording) of the original...