Some quiries of International Trademark forums
1. Same trademark name, same class number, different category, possible?
My jurisdiction is: USA United States
MY UNREGISTERED MARK:
Fictional example of mark is "@@@@".
I have been using it for 15 years.
Regrettably did not file for a trademark earlier.
PROBLEM:
There is now an existing single category mark with the USPTO.
"Class 38", category "Data Transmission"
Incontestable.
Can I still file for my mark in the same geographical area,
"Class 38" category "Service Provider"?
if not this perhaps something else under Class 38.
New application?
I maintain computer systems, they write programs. We do not offer any of the same products and have never conflicted with each other.
So if they registered a mark for their company name @@@@ under class 38 does that block EVERYONE else from registering a mark for the same @@@@ name but under a different category for class 38?
Is it the CLASS NUMBER that is important or the CLASS CATEGORY?
Can 2 exact mark names share the same Class number for different categories?
Has anyone ever seen 2 names share the same class number by choosing different categories.
It's kind of not fair since the business that filed the mark only did so to block me and I never learned about it until it was too late. And they do not even do business in my country, the USA. They only registered the mark here to prevent worldwide competition. That's why they only filed 1 category, just to block me.
So did they block the whole class by filling 1 category or do I still have a chance. Please be honest. I have no legal experience. Anyone?? Thank you.
2. Cyberstalking and Defamation
My email was first stolen back in May 2008. I managed to get it back. Then cyberstalker took it back, and changed all the recovery information.
I quickly changed the emails and passwords of accounts I deemed important.
He took over my myspace [which I was no longer using at the time, but still had a few friends on], my youtube account, some consumer accounts, an old blog, and an instant messenger name.
He posted pictures of me in my underwear, that he'd found in my email, on the webpages he took over, and pretended to be me, writing vulgar comments.
He then emailed me at my new email address and said I could have the accounts and my old email back if I sent him completely nude pictures. I never did.
In July of 2008, he contacts me at my new email address, and tells me my social security number. I'm guessing he got this from either the old tax company I used to work for, who has my information online, or my college. He threatens to sell it if I don't send him the pictures. Last I checked, my credit report was fine. But I definitely plan on checking it again soon.
Around October of 2008, he messaged facebook staff from my college email address and tells them that I stole my own account from him. They restore it to him, even though I'd removed my school email from the account, and he couldn't answer the secret question. I attempted to change the password of my school email, but he kept changing it himself because he had my social security number. Eventually, I just had my school shut the email down. Around this time I also received a couple of phone calls on my cell phone that were anonymous. The caller on the line, made derogatory statements towards me, and used a voice which did not sound like a normal one. I only received a couple of these phone calls, not enough to constitute phone harassment I believe.
I was eventually able to get all my accounts back with the exception of three: the school email which I had shut down, my blog, which he himself deleted I think/was shut down for the material he posted on it. And my instant messenger account, which he still uses to date. He posts the half naked pictures of me in there, and writes vulgar comments. My friends still contact me in other ways, asking if it's me.
I have a good hunch that this is a guy I once dated, years ago. Because the ip address from when the hacker emailed me, routed back to the city adjacent to mine, in which this guy lives. And when I confronted the guy via phone call, he completely denied it. But he emailed me after that from another email, and the ip matched that of the hacker/thief of my account. I am aware that ip addresses can be faked, etc. So I have no way of knowing 100% that this is the guy.
Apart from the considerable amount of time I've spent trying to fix everything, and the days of work I've missed, the headache this has caused me, the worry that he has my social and can ruin my credit. Now I am more worried about the amount of time that has elapsed, and whatever grudge he appears to hold against me is still there. He's still trying to defame me. I expected this to have died out as I no longer had contact with the hacker, or the guy I suspected was the hacker. My fear is that it can only escalate into the physical from this point. I am a bit more on edge. I definitely plan on walking with the pepper spray I own. And I feel more paranoid than before.
He contacted me last night via instant messenger, using my old account. And I no longer wish to deal with him, and wondering what might happen. What are my options? Do I have the grounds to file a restraining order? I read once before that you cannot file a restraining order against an unknown person. And I guess that makes sense. But the police certainly have the means to find out for sure who this guy is. And if I cannot file the restraining order, is there anything else I can do? Do I have any grounds to sue for invasion of my privacy and cyberstalking, the impersonation and the defamation, the headache he is causing me?
I thank anyone for their help/advice in advance. And my apologies for the long read. I really did try to condense it.
3. Private Sports Enterprise Right to Disallow Entry Based on Educational
What are the thoughts on whether a private sports enterprise (a professional foosball / table soccer tour)/ promoter operating in multiple states) can disallow a specific individual (versus a class or group or everyone) to register and play and win prize money in events and tournaments based upon educational background (not completing high school or GED)? Is it legal to single out an individual and not include everyone who registers / plays in the events in this requirement?
4. Need Permission to Create Tutorials?
I'm in the process of creating video tutorials on the use of various wireless networking products to sell on Ebay and the Internet. Are there some simple guidelines I can follow to avoid being accused of copyright infringement by companies such as Linksys and DLink or should I contact each of them individually and get permission first?
5. Unauthorized use of Trademark and Copyright on clothing
In need of some advice and assistance.
If a company / Band etc was to give rights and licensing for its logo or branding to be used on a T-Shirt and then that T-shirt was purchased by a clothes designer and used to make a different item of clothing to be sold.
Would the designer be in violation of Unauthorized use of Trademark and Copyright on clothing.
Although the underlying T-shirt manufacturers would have properly acquired a license to reproduce the logo for T-shirt purposes, does the company have an argument to say they have not, at any time, issued a license to the designer to manufacture, sell or otherwise exploit the artwork.
For example If a T-shirt was used to make a bandana or material cut up and used on other items of clothing, bags etc.
This seems lie a gray area and would grealt appreciate some assistance and clarity
6. Rights of new owner of logo copyright
My jurisdiction is: WV/United States
I purchased a logo image (works made for hire) that was drawn by an artist in Germany for my on-line group. The logo image was sent to me via email by the artist and I paid $70 to her. I also purchased the copyright to that logo from the same artist for an additional $70. The copyright was sent to me via email in a pdf document (typed by the artist). There are no limitations specified on the copyright that was sold to me.
The artist is now saying that I cannot do anything with her logo and that she owns the copyright. She wants to send the funds back to me for the logo and the copyright.
Do I have the right to do whatever I want with the logo including selling items with individual parts of the logo?
7.Do u see an issue w/ my TM application?
I am trying to trademark two words. I'll use the following as an example: Cocoa Puffs, a registered trademark.
Whenever displayed, it always only reads Cocoa Puffs with the small circled R.
The trademark I'd to register is 2 words (just an example: Cocoa Puffs) but on our product and package, the 2 words are followed by one more word that names the product; i.e Cocoa Puffs Cereal
I would like this because if my company comes up with another product say waffles I'd like to display it as Cocoa Puffs Waffles with the circled R following only "Cocoa Puffs"
The USPTO says I would have to trademark all of "Cocoa Puffs Cereal" and file a separate application for "Cocoa Puffs Waffles."
Anyone have any advice? Maybe I could place my two words (again, just an example) as follows: CocoaPuffs, apply for that and try to use Cereal or Waffles right after the combined word?
Thank you, if you guys could refer me to a lawyer that would help for little to no cost I'd really appreciate it. We have no funding but my team, straight out of college too, right now.
8. Who Owns Quotations?
My jurisdiction is: California, USA
I am working on a non-fiction book project and have collected numerous quotations from individuals who have themselves been interviewed and quoted in newspapers and magazines. I want to use these quotations in my book and need to clarifify when permission is needed from the copyright holder of the newspaper, magazine or internet web site.
For example, John Doe is quoted in the New York Times as saying "Obesity is a big fat problem in America." I want to use the quoted material and do not necessarily want to credit the NYT and get their permission to use these words. I'm not trying to take credit for obtaining the quote myself, but endless repetition of newspaper and magzine names will, in my judgment, detract from the overall reading experience.
Clearly, I could contact that person being quoted and try to get them to repeat the same words -- an onerous and time consuming task.
One further clarification for now: These are not lengthy quotations, but rather relatively short excerpts. Does that make a difference?
I see this book as a journalistic enterprise. Does that give me any special privilege?
If you were the attorney for a book publisher, would you require me to obtain permissions to quote quotated material?
9. disclaimer help
My jurisdiction is: united states, indiana
i wrote this disclaimer for my site and need to get some opinions on how well its done, as well as some suggestions as to what i may want to fix in it (the site is currently not running although the first page is up)
this part is on the page when you first connect to the site, you have to select whether to go on (I accept) or to return to Google (i do not accept)
The owner of this site is willing to remove any material that violates any copyrights or trademarks or other legal documents immediately upon request.(the owner of this site was unaware of any violations of any kind when said materials were uploaded)
The owner of this site makes no claims to ownership of any of the sites that links here connect you to.
The owner of this site takes no responsibility for the actions of those in the chat, but will do their best to insure a safe environment.
The owner of this site takes no responsibility for any damages received from sites accessed from the links on this page. Or for damages received from sites accessed from links on those sites.
The owner of this site is not responsible for any infringements of the people on this site.
There is no monetary gain from this site. The owner of this site will not accept any donations of any kind.
This site,and its owner, has no affiliation with any of the sites listed except the permissions granted to place their chats and links to their sites on this site
and this is a banner im running on the bottom of the page
This site does not host/upload any media. Therefore, this site, animesitelist.webs.com, is not responsible for the accuracy, quality, copyrights, trademarks, legality, or any other aspect of the content hosted on the sites that links on this site may lead to. If there are any legal issues contact the appropriate host sites.
I know i should have it look at by a lawyer but i cant afford it and i figure a legal advice forum is the closest i can get
10. Website design work not paid for. Is the code still mine to take back?
A brief backstory.
Last year I began working as a freelance contractor web developer for a political organization based in Florida. I got the job through my sister who is their graphic designer (also on contract basis). I was paid a set salary on the 1st and 15th of the month by check. I supplied the organization a 1099 I think it for tax reasons. I do not believe we ever had any formal contract signed fo rmyself, just verbal and over email agreements.
We developed several sites for the organization throughout 2008. In December 2008, they without warning stopped sending us our paychecks. We also didn't get any work, so we didn't think much of it.
Now comes February 2009. I'm asked to take one of or existing websites, and rebrand the site with new graphics provided by the graphic designer. I was told I would be paid $2000 on March 1, 2009 to cover the back pay due from December, and normal pay would begin on March 15 again.
I did the work as requested, developed the new rebranded site and published it online. However, they never paid me as promised by March 1, and normal pay never started on March 15.
Over the past 5 months, I've inquired about the status of the pay due and was always given a kind of runaround excuse that they are working on it, but more often than none my inquires usually went unanswered.
So to my question, because they never paid me for the work I did and code I put together for this new rebranded site, would the code still legally be mine? Since we never had any contract stating otherwise, I presume all work I do is mine until it is paid for.
I'm at the point that if they don't want to bother paying me for my work, I want to take it back and not let them use it. I figure a Cease and Desist letter from a lawyer would be required to get them to comply.
Any advice?
11. Adidas sent me a letter
Received a letter from Adidas days ago about a import of 20 adidas uniforms, which were taken away by U.S customs, and U.S custom called the uniforms counterfeits, and they also informed Adidas.
Now, Adidas said my attempt was bearing their trademarks and copyrights. They wanted me to write a response on the letter and mailed to them within a month, otherwise they will sue me on this.
all jerseys were intended to be personal uses. Will they still sue me? what will be the worst thing happen on me?
12. Addlink is threatening me
I was selling mp3 copies of a Radio program that I thought was in the public domain, but apparently is not. I received a very threatening letter from the rights owner stating that they could sue me for millions of dollars. They want me to mail them information as to who the files were sold to including their addresses, which I am not comfortable with. I only sold 2 CD's of the files. I have complied by removing the content and updating the page with a direct link to them. I don't have much money and I'm not sure what I should do. My website has been setup as an LLC. Any advice would be great. Thanks.
13. movie character remaking as painting or sculpture
hi
i was wondring if it is legal to sell a painting or a sculpture of a famous character or actor, on ebay?
using an existing picture as a reference
or pausing a movie and using it as a reference.
i am not talking about mass production molds.
just a single sculpture
thank you .
14. Being Threatened by Nike Lawyers PLEASE HELP
I am being threatened by Nike lawyers "Holihan Law" , I dont know if this is real or not. They've asked me a million questions and now they said I owe them $500 for selling counterfeit Nike merchandise.
Anybody please help me with this. Are these people for real? If so, is there a way I can get out of this? I dont sell anything anymore, but if I did sell something fake, I really didnt know about it. This is crazy.
PLEASE HELP! Any legal info is greatly appreciated. They sent me some contract saying that I'll pay the money, etc.. but I wont sign it yet.
Thanks,
'NeedHelp2007'
15. Use of testimonials to former employer
A former employer has posted several testimonials on his website that refer specifically to me. Can I use these testimonials for my own purposes? Does he have copyright protection of something someone else wrote? Can he continue to post testimonials using my name? I never gave him specific permission to use my name and there was no employment agreement.
16. Similar Confusing Trademark? Online Company
I currently have been running a website for close to a year and have decided it is time to file a trademark as it continues to grow. Lets call it "Website Social"
Upon doing a search i have found a trademark has been filed in the same city as me and one that is in the exact same industry as mine. It is called "The Website Network" (website has been changed other words are the same)
It turns out this trademark was filed 2 weeks before i purchased my domain name of "website social". It is currently in the "Advertised" potion of the Canadian Trademark process and is filed as "Proposed Use in CANADA".
I believe they currently are already operating a website even though it is filed as proposed use. My site is quite popular and has been in use for the full year, set up under a corporation in Canada.
My questions are, i know i can appeal the name for $750 but im not sure if i have any leg to stand on. Are the names different enough? How does the "confusing trademark" work? What are my other options at this point? Filing in the US instead?
17. Trademark infringement, maybe I dont understand it (lawyer called me)
Got lawyers call threatening to get sued for trademark infringement...
I have been copying designer earrings (old designs no longer current), without the designer logo, without the designer name, and never at any stage claiming they are designer earrings, nor ever making mention of the designers name. BTW in a random population sample, I would say 1 in 10 000 people in USA might identify the earrings by naming the designer.
Lawyer claims the trademark also covers the "shape of the earrings" - not just the name..... I thought they would need a patent for this?
is this true or scare tactics? I am pasting their trademark here (name removed).... the lawyer referred me to this trademark:
Word Mark AB
Goods and Services IC 014. US XXXX.
G & S: Jewelry. FIRST USE: 20080300. FIRST USE IN COMMERCE: 20080300
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Trademark Search Facility Classification Code SHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles, quadrilaterals and polygons
Serial Number XXXXX
Filing Date October, 2008
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition March, 2009
Registration Number XXXXX
Registration Date May, 2009
Owner (REGISTRANT) XXXX
Main Street Brooklyn NEW YORK 11201
Attorney of Record Oliver R. Chernin
Prior Registrations XXXXX
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the wording "AB" in stylized lower-case lettering, the individual term "AB" placed above the individual term "XXXXX".
Type of Mark TRADEMARK
Register PRINCIPAL
Other Data The name(s), portrait(s), and/or signature(s) shown in the mark identifies AB, whose consent(s) to register is made of record.
Live/Dead Indicator LIVE
18. Getting around a software patent
My jurisdiction is: London, UK
Hi,
I have an idea of making a computer program/software. However, I wish to ask a questions regarding patents.
I won't go into detail of what the program can do, however, I will use an example.
Lets say someone patents a piece of software that performs 2 functions:
function 1; and
function 2.
Now lets say that I come along, write out a piece of software that performs function1 and function2. And I make this software available for free download, worldwide.
What can the patent holder, legally do to me?
At what point can the patent holder legally, take me to the cleaners?
What if I charged money for users to download this software?
Is there any way around this problem, eg. what if I add a new function, function3, to the software...what then?
I'm based in the UK, however, I would eventually want to distribute this program, worldwide.
19. (Interlectual Property Rights) Solicitors Letter - Trademark - Ebay
Hi, im from the UK and have just received a solicitors letter regarding Trademark and counterfeit goods selling on ebay.
Part of the letter says they would prefer to settle this matter on the basis of undertakings attached.
They will advise the client to take all steps necessary to protect their interlectual property rights if they do not receive executed settlement undertakings from me by a certain date
Ill only list the ones need further info on
3a The undertakings are as follows:
Full names and addreses of all or any concerns who have supplied or delivered any infringing goods to me or whom i have sold or supplied more than 10 of the infringing goods
3b full and clear copies of all invoices, delivery notes documents and records within my possesion relating to these goods
3c The precise number o infringing goods which i have purchased, been supplied with or taken delivery of orotherwise supplied or disposed of together with all pricing
4 if reqiired by you or you authorised representitive forwith confirm in writing under oath that the information provided pursuant to the undertaking given is complete and accurate.
5 Within 7 days from the disclosure send you a cheque representing my offer of a reasonable sum by way of damages in accordance with the nature and extent of my disclosed dealings which within 7 days of receipt of such preferred sum, you will confirm whether or not such figure is accepted in consideration of your claim for damages for my past dealings, but meanwhile, i note that you reserve all of your rights to compenation against me.
6 Within 7 days pay to you the sum of £350 by way of cheque in settlement of your legal expenses to date on the understanding that these expenses will increase if these undertakings are not promptly given and/or we do not comply fully with these undertakings, and
7 embody these undertakings in an order of the high court if required by you to do so
Firstly
I was led to believe the items i was supplied with and sold on ebay where authentic items, but since learning now know that they were fake.
A customer had contacted the makers of the original item who had then informed them they had purchased a fake item as each item has a product code.
I dont have any documentation regarding delivery notes/ invoices as these were all shredded upon receipt.
The payments were made via western union and document shredded after payment made.
The only information i could give is the website where they were purchased from.
I sold approximatey 15 items
I dont think i should sign the undertakings as why should i pay £350 for legal expenses.
Some advice would e great
Thanks
20. Use of college and university names
My jurisdiction is: USA
I run a medium sized web-based business that provides academic consulting services for current and prospective students. As part of a redesign effort, we are attempting to launch service packages tailored to students applying to particular universities. We would like to have a Harvard Package for students applying to Harvard, a Princeton Package for students applying to Princeton, etc. None of the information on our web space would imply any relationship with the individual universities, use trademarked insignia, damage university reputations, nor would it reasonably be mistaken for an official university website. We would also use the standard disclaimer indicating that university name X is a trademark of Y and used without permission. Of course, trademark notices for the universities in question all require written permission for anyone to use the university name in any capacity. My questions are as follows:
1) To what extent am I protected in my use of a trademarked university name if it is essential to the description of the company's services? Surely I'm allowed to say that we provide services specific to Yale University rather than services for "an Ivy League school in New Haven", aren't I?
2) Can the university names reasonably be used as titles of the service packages themselves? Could there indeed be a Yale Package or would it need to be "Package 263" where Package 263 is explicitly a service package for incoming Yale students?
3) Carrying the example a step further, could I also quote (with attribution) a brief passage or two from the Yale application form? We're talking a paragraph or so of text, not a wholesale copy-paste job.
Thanks in advance!!
21. my freeware has the same name as a dating site
My jurisdiction is: Las Palmas, Spain
I am the author of a freeware software called DatePad (exisits since 2001). This software is for recording texts which are related to a date. A kind of notepad, mixed with a calendar.
There exists a dating site, also called Datepad (registered since 2008 i believe). The owner of this site send me this mail:
-------
I am the owner of Datepad Inc. which holds the international trademark rights to "Datepad". We have learned that you also distribute a piece of software using the same trademarked name, http://leiden365.nl/datepad which in most Google search results shows up below our site links.
The last thing I am looking to do is become involved in a legal dispute over this trademark infringement, what I would like at this time in order to avoid legal proceedings is to ask that you add a link to our site at the top of the http://leiden365.nl/datepad page. Simply stating "for Datepad Internet Dating" please click here.
-------
I would prefer not to add a link to this dating site, because it will not change the socalled infringement, and even worth, it will add my website also to dating related search results in google.
My DatePad is clearly different to the dating site, but since the software is freeware I did not register the name in any place. Am i at risk of procecution? I would appreciate any advice you can give me.
22. Copyright of advertising work; bogus DMCA takedown notice
My jurisdiction is: California
Hello, this is my first post. Sorry if it's long...
I have a copyright situation and I'm reasonably certain that I know my rights in the matter, but would like to run this by someone else for an outside opinion.
My small company is involved with a another company on a joint business venture. We produced 6 web ads to promote this venture; half of them were written and directed by someone else, a former "partner" in the venture who resigned from the project. He is now claiming copyright on the ads he worked on, and has even filed a DMCA takedown notice with YouTube where the ads are running.
We had no contract with him, which is unfortunate. However, he did accept payment from us for a) writing the ads and b) directing the ads. In the absence of an official work for hire agreement, we do have a paper trail of checks written to him and an invoice from him that lists the ads as work he did to earn the money. It is my understanding of IMPLIED LICENSE that we are allowed to exhibit the work he made for us, especially in the case of advertising (i.e. the client for the ads has the right to use them).
This is all sour grapes because he believes he was fired (he quit, IN WRITING) and that we re-cut the ads after he left. My company paid for everything involved in the production (all cast and crew salaries, production costs) so we own the footage, and we are not disputing his involvement. But does he have any right to seek a copyright claim on the finished product, and block it from sites like YouTube? I'm prepared to file the counter-claim to get the ads reinstated, but I'm concerned that he'll take it to the next level -- a court order blocking them from being posted.
23. Patent Infringement and Inducing patent infringement
Hello,
I am hoping someone can help me out here.
I am an ebay seller, buying items from China and sell it online for a profit. Few days ago, I recevied a documentation stated I violate the patent infringement and a lawsuit has been filed.
The Law office is located in the CA, and it's a lawfirm with 150 employees, and I am a small business owner located in PA. I didn't know that the product is patented, and I only imported less than 50 units to the US, and only sold a handful of units online. It's very inexpensive products - Less than $5-10 sales prices.
I am very nervous right now, because I had never been sued for anything. I don't understand why a company would go after me for selling a handful of units, and I am not sure whether I violate the patent infringement rule as well.
I already responded to the law firm telling me I only imported this many , and sold this much, but the paperwork stated that I must file my answer or motion with the court within 20 days.
My question is - Do I need to hire a lawer to file the respond in court?
Also, How much can the Law Firm suit me for? 100,000 + or 1000+
24. Trademark Help
Hi all, and thanks in advance for any help you can offer,
I'm in the process of setting up a new business, however it is proving difficult in the arena of Trademarks and would like some opinion on it. I am in the Caribbean but the law here is almost a mirror of US trademark law and obviously I still have the lawyers to have the final consult with here.
My issue is that I'm being told I have to registered what to me seem like far too many trademarks, logos, trading names etc.
Let say I have a business called Intelligent Technology (im making it up btw..)
and I have a company logo which consists of the letters IT in some graphical form. Now I have to register that as a trademark I know, and the business is registered as a Limited Company.
Now the business is going to be undertaking much online marketing, and under the brand, so like...
IT Cars
IT Books
IT Foodstuffs.
Each of which incorporates the logo of the parent, however i want to attach identity to each by using a different color for each brand. So, say, IT Cars would be blue, IT Books red etc....
I already own my domains, itcars dot com etc....
and it is possible that we may want to use the identities in the real world at a later stage, and not just online.
So, for the moment I'm told I need to register the IT logo, each area logo individually, each trading name in the IT arena, and the arena in which it trades (multiclass). Which leaves a LOT of trademarks and a lot of cost.
To me (non-lawyer), if I register my original logo, surely that same graphical image would be protected. So nobody else would be able to register that Mark? no? so why all the logos again? I cant change the color of the Pepsi logo and say its mine to sell say IT hardware can I?
Also, if I have IT Books as an online business registered selling books, do I then need IT Books class as a bookstore to stop Mr Smith opening his bookstore by exactly the same name?
As we make some money, I don't have a problem later covering the bases, but for me to pay (from memory) $500 per submission to the lawyer, plus the costs to the Trademarks $200, I will be broke before I start.....
I know I can't stop people using "IT" as its a common usage, so any help you can offer on the vague facts I've given would be appreciated, before I have the sell the car to open my business!!!!
Thanks
25. Trademark Infringement
My jurisdiction is: Thailand
Hi,
Greeting to all friends.
I just get the notification email from "somename.com" say that my domain "mysomename.org" is trademark infringement. But before I register this domain, I did research on USPTO.GOV website and cannot find any record of "mysomename" for trademark registered.
I do a research on USPTO again and see that they do trademark for "somename" and "somename.com".
Please kindly advise, how should I do? Is my domain trademark infringement?
Any advise would be really appreciated.
Thank you very much.
26. distinguishing words
What constitutes as a distinguishing word in trademark law?
Example:
A clothing company has a federal trademark for "cabinet".
Would I be able to obtain a federal trademark "jay cabinet" or "j.cabinet" for the same international class?
Appreciate the input.
27. Nude models as superheroes
Ok, potentially iffy situation. I'd like to shoot a model as various famous superheroes. She will be getting nude and profit will be involved. Is there any legal way to word things in the titles and descriptions and such so that it is ok for her to pose as a superhero without copyright infringement? Would putting some sort of legal paragraph on each gallery cover our butts? Like "This model is not actually *superhero.* This model, photographer and website are in no way associated with *Copyright owner's company.*
Thanks
Samir Rahman (Manager International Dept.)
On & in behalf of
Patent and Law Firm ‘IPPro’
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