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Recent Cease and Desist questions

I have a question about Trademark law. I've created a

Hi,I have a question about Trademark law. I've created a superhero idea in which I would eventually like to end up as toys and such on the shelves of toy stores. Let say, for example purposes, the heroes are a team, and are named NitroForce. I would like to have the name Nitro on a bunch of things. Just like BAT-MAN has his BAT-Plane, BAT-Signal, BAT-cave, BAT-mobile, I would like to have the prefix “Nitro” on toys like that, too…so, NitroPlane, NitroSub, NitroJet, NitroBlaster, etc. (Again, Nitro isn't the name, I'm just using that as an example). Another real life example besides that is Ghostbusters…they probably have protection over the pre-fix “Ghost,” because they have toys called the Ghost-Blaster, the GhostTrap, GhostZapper, etc. They even probably have protection over the prefix “Ecto.” They have the Ecto-Cool, Ecto-1, EctoPlane, etc. SO, my question is this, since I will be using my prefix “Nitro” on a series of things, and over many different product types, how can I GAIN TRADEMARK PROTECTION for the prefix “Nitro.” Would I register ALL instances of the word Nitro across all relevant classes? So, I would take NitroSub, a submarine the heroes use, and register that across all relevant classes? And then do the same for NitroPlane, and so forth. And if so, that would be VERY EXPENSIVE very quickly…I'm a startup and on a budget, so I have to be selective. Would registering the main name of the hero team “NitroForce” on 1 class be sufficient, and would that provide me protection of all other uses of JUST the prefix Nitro? So, just like Pokemon has the Poke-Ball, PokeShop, PokeGym, etc, and Teenage Mutant Ninja Turtles have the TurtleCopter, TurtleLair, TurtleMobile, etc, what and how can I gain exclusive protection for my prefix “Nitro,” in the most strategically efficient way? Take McDonalds as another example, if McDonalds wanted to exclude others from using the prefix “Mc,” would they register only “Mc,” or all instances of the use of their products with the use of the word “Mc” (such as McNuggets, McChicken, McFlurry, etc), or would registering the name McDonalds be sufficient, and using the others in commerce without registering them is enough? I'm Not sure, and that's why I'm asking you…HOW to gain protection for this prefix.Another quick related question related to trademarks and cartoon characters…regarding their most famous character…does Disney own the character's name “Mickey Mouse,” as a whole, or, would you say they also have protection over the name “Mickey” alone, without the mouse part attached.Last question: lets say I wanted to make a parody of the Teenage Mutant Ninja Turtle. I called it the Teenage Mutant Ninja Dolphins. Question is, since it's a parody, would I thus become the new owner of the characters AND name “Teenage Mutant Ninja Dolphins,”? Does that eventually break away from being a parody and get recognized as its own separate body of work?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
I would like to use the name "Virtuality Labs" for an LLC

I would like to use the name "Virtuality Labs" for an LLC incorporated in North Carolina. It will be a virtual reality arcade, where customers can play games on virtual reality systems. I am concerned that I cannot use this name due to existing trademarks on "Virtuality," in particular one by a company called Digilens that appears to be building a virtual reality hardware system, though there are a couple others. Can I use it as long as I add the word "Labs" to it, or is "Virtuality" too weak or common to trademark anyway? I don't necessarily need to trademark it myself, but I just want to make sure it's ok to use the name. Thank you for your help.

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Robert McEwen, Esq.

Doctoral Degree

24,026 satisfied customers
I designed a logo and other advertising material for a third

I designed a logo and other advertising material for a third party, I was in a partnership with before the relation went sour and ended up in civil court. in summary, the judge ruled in my favor and only gave me 40% of the total amount I was asking for. part of the judgment against the defendant was because she kept using my design including the logo even though she never paid for the work.throughout the course of the partnership I had discovered some shady things about my partner and decided to disassociate myself from her. one of the red flags is her claiming that she owned a non-profit organization under which she operated.(she organizes events and shows supposedly under the umbrella of her non-profit.) later on I discovered that there was no commercial company or non-profit registered under that name, so I went ahead and registered the company in my name to prove her fraudulent intents. After confronting her, and upon realizing she was busted. she went ahead and registered a "foundation" in another state by the same name.1- since I own a company by the same name as hers in my state (NY) that I registered first, can I prevent her from operating under or using that same name or force a name change?2-Part of the judgment sum was to pay for the logo and work that was never paid. But will that give her automatically the right to use my designs in any of her advertising? or should I send her a cease and desist letter?3- if I'd like to publish a press release (internationally) with a photo of the court judgment and a photo of the defendant since it is all now public information, will I be able to do so and use with it the photo of the defendant? or will I be liable for doing so?4 - three people were named as defendants, (a woman, her husband, and her company) only the woman showed up in court as pro se claiming she had power of attorney to represent her husband. the judge did not accept that, saying she only can represent herself. Moreover, he admonished my (seemingly rookie) lawyer for not asking for default judgment against the two others parties, but would not grant it either, ruling in my favor against the woman only. I got only 40% of the amount I was asking for. My question is, can I still ask for a default judgment against the other 2 parties even though the judge has ruled in the case?Thanking you in anticipation for answering my question.

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David Stewart

Vice President & General Counsel

Juris Doctor

512 satisfied customers
I have received a copyright infringement notice that has to

I have received a copyright infringement notice that has to be replied by January 26. My crime is that I had uploaded soft copy of a book on Kijiji.ca for sale. After I received the mail, I have deleted the ad from the website. Please kindly explain to me as I am new to Canada and I don't know anything about copyright laws here. Should I reply to kijiji that I am sorry and I have removed the soft copy of the book now. Please help. Thank you.

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39,070 satisfied customers
We have a business called Never Tap and we are having

We have a business called Never Tap and we are having trouble with another person setting up websites and using our name. we have copyrights and trademarks done and the name is ***** ***** can we stop and desist thisJA: Do you have a registration record?Customer: where name is searchedJA: Have you talked to a local attorney? Has anything been filed in court?Customer: we have papers to be filed but can't be done until tomorrowJA: Anything else you want the lawyer to know before I connect you?Customer: sorry not til monday

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nyclawyer

Attorney

Juris Doctor.

40,204 satisfied customers
Looking for trademark advice. I just received a cease and

Looking for trademark advice.JA: Is the trademark federally registered?Customer: I just received a cease and desist letter from a company that trademarked the word Fish-On. My company name is***** co. We are an S Corp in business for two plus years. They're asking me to stop using my name and stop using it on fly fishing apparel.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: No They sent me a letter two years ago and just asked that we don't promote the name on products.JA: Anything else you want the lawyer to know before I connect you?Customer: Thats it.

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39,070 satisfied customers
I sell on ebay been selling for like 10 years.i sell Vera .i

i sell on ebay been selling for like 10 years.i sell Vera Bradley.i get 85% items from the factory that makes the vera in china...is what i am doing legal???JA: What written documentation do you have?Customer: from whoJA: Have you talked to a local attorney? Has anything been filed in court?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Robert McEwen, Esq.

Doctoral Degree

24,026 satisfied customers
I had a music album on itunes and another music company took

i had a music album on itunes and another music company took it and the album cover that I painted and uploaded it to another music website without my permission. do I have a infringement case?JA: Since laws vary from place to place, what state is this in?Customer: I am in Mass.JA: Has anything been filed or reported?Customer: It was uploaded to Spotfy and I contacted them, they took it down and said that ingroove distribution co. posted it without my consentJA: Anything else you want the lawyer to know before I connect you?Customer: no thats it.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
Listen to this: It was made about boss in the 1970 by Larry

Listen to this: https://youtu.be/Ae6jSpLaOX8 It was made about boss in the 1970 by Larry king, Cam be my boss now use some of this audio for his commercials? he is writing a book. can he quote what Larry said? Bottom line, what can he use out of this audio without seeking permission, from Larry' thanks, D

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Gerald-Esquire

Juris Doctor

6,540 satisfied customers
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