Maybe you could consider reposting, additionally adding the categories of Intellectual Property and Trademark to your question. There's no guarantee that all posts are picked up, but your question remains open for a week, and it's possible a trademark/IP attorney could identify issues... Read more »
It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »
Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... Read more »
For example : can I advertise Ibuprofen as “compare to Advil active ingredient” or acetaminophen as “compare to Tylenol active ingredient”.
If you're asking if comparative advertising ("CA") is permitted, the general answer is "yes." ("Fair use" is a defense if sued.)
But the devil is in the details. For instance, the CA should be truthful and not be misleading or deceptive. An in-depth... Read more »
Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »
This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.
Is this valid internationally?
You could repost your question under Patent Law. There's no guarantee that all posts are picked up, but your question would have better chances of being seen by a patent attorney in that section. Good luck
Tim Akpinar
This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.
Numerous factors are considered in determining whether a mark... Read more »
You can perform a search on the USPTO website for registered trademarks. Note however that trademarks may accrue common law rights prior to registration so it is also important to work with an attorney to perform a clearance search to determine if there any other trademarks in use that may be... Read more »
They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy
Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.
It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... Read more »
This company don't have a website, is it a scam? They said they are new. They said I can make an offer, for the photo used in a blog, which seems odd???
It may help to request the contact information for their attorney so that you can give that information to your attorney to contact that attorney's law firm directly.
I can provide the original files and such, and I want to keep my characters protected.
You had the copyright as soon as you created the work (you might say a "common law copyright"). But to be eligible for "statutory damages," U.S., copyright law encourages registration before publication. Beyond 3 months after publication, if there's been an infringement,... Read more »
I would like to use the name Wookiee as part of our business name. We sell cookies and baked goods.
As per checking via this website, Wookiee is trademarked but for clothing, toys and headgear.
Is this possible?
It is possible to use a trademark so long as there is no likelihood of confusion between the trademarks and the marks are not being used in the same or related class/categories. However, it is still important to ensure that neither the trademark owner nor any other person is using the trademark in... Read more »
Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... Read more »
I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.
The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »
I have been writing a book with the working title "take back beauty" (all lower case letters in the title, intentionally). A search for the phrase produced a copyright from a cosmetic company, Anisa International. Reading the copyright info, my use of the term is not in the same classes... Read more »
Hello, you are likely able to keep using this term. I believe what you are referring to are "trademarks" not "copyrights." A trademark is a "source indicator" for goods or services. These usually come in the form of a business name, logo, or slogan. Copyrights, on the... Read more »
Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »
Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits.
If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually... Read more »
My permission is given without any representations or warranties as to other consents and permissions that may be required to use the Recording. BOLD agrees to indemnify, defend, and hold me and any affiliated companies, heirs, executors, administrators, and successors harmless from and against... Read more »
It means the owner (or agent of the owner) of the Recording is granting permission to use the recording, but isn't making any statements other than that there is permission from the owner. BOLD won't get sued by the owner of the Recording for using the Recording (in whatever way the... Read more »
The brand "FULL SEND" is trademarked.
A difference of a couple of letters between two trademarks will likely be insufficient to overcome the likelihood of confusion between the marks and such an application would likely be rejected on that basis.
A patent search would be needed to determine if a patent possibly exists.
A do it yourself search can be started with learning about searching for patents on the USPTO website (https://www.uspto.gov/patents-application-process/search-patents)
Although, it is generally recommended... Read more »
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