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Recent Cease and Desist questions

There are several business that exist online: LifeLine,

There are several business that exist online: LifeLine, LifeCall, MedicalAlarm, MedicalAlert, FirstAlert, etc. Can I create a business name with "All American" and combine it to "Medical Alert" as in, "All American Medical Alert" or "All American Medical Alarm"?

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A photograph of my daughter taken by a friend was stolen

a photograph of my daughter taken by a friend was stolen from Facebook and has since downloaded 1000s of times including as wallpaper with keywords "sexy girl" (disturbing!) It appears on dozens of pages of Google reverse image search. Does she and/or her friend who took the photo (who didn't submit the photo except on personal Facebook page) have any recourse?

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Lorens35

Juris Doctor

37,064 satisfied customers
My wife wrote a poem and put it on a t-shirt. One of her

My wife wrote a poem and put it on a t-shirt. One of her followers on instagram took the poem she created and began selling t-shirt's with the poem on them. What recourse do we have? The other seller actually used a picture of her poem directly from her instagram account.

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JD 1992

Juris Doctor

35,734 satisfied customers
I invented a word several years ago. It was unique and I

I invented a word several years ago. It was unique and I paid for the yearly domain .com. I have paid a yearly fee to own the site. My info has been in plain view to the world through Icann since owning it. I see that someone has copyrighted the word 2016(after me) and made a web site with a few letters in front of my word ie: From Pi###ck.com to Shop-Pi####ck.com. 1. They plagiarized my name and made a copyright. 2. Based on this copyright could they give me a cease and desist order and take my site? What is me recourse?

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
I have a name in mind for a new energy drink I intend to

I have a name in mind for a new energy drink I intend to produce. It looks like the trademark for the name has been abandoned. I found a company that was using the same name for a similar product but then later changed the name of the product. Independently there is a company selling smoothie mix online and one of the mixes has this name.Can I use this name, so long as I trademark it?

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JD 1992

Juris Doctor

35,734 satisfied customers
Our jewelry designs are being copied by China factories then

Our jewelry designs are being copied by China factories then sold to U.S. sellers on Amazon, Etsy and eBay. When I contact these sellers, they won't remove the items unless I have proof of documentation. Does that mean without a registered copyright for each new design we make we don't have any control over them?Thanks,Neal

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
Avlon industries owns trademark product line. I own domain

Hello.Avlon industries owns trademark for Keracare product line.http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:qrdyl3.3.1I own domain Kercare.com and would like to trademark name "Kercare" as a brand name for our shampoo and conditioner line.Are the names and product types too close and risk later legal action?Thank you,Best regards,Lance Wegner

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
My name is ********** and I am looking Patent attorney. I am

Hello. My name is ********** and I am looking for a Patent attorney. I am a part owner of a company called *********** is our website.My question is to see if the Pokemon Go game is infringing on a patent Candy Lab is publishing. Here is the information on the patent.Location-Based Augmented Reality Content Management And DeliveryUnited States 61/652,032Filed May 25, 2012A hyper-local advertising and cross promotional 3-D augmented reality mobile platform is provided that enables players to interact virtually with their real world environment to earn real world and virtual world rewards. The cross promotional platform allows vendors to place game and application elements represented as in-application elements anywhere in the world on a map according to its precise geo-location in the real world. When a user of the mobile platform clicks on a game element to collect it, the vendor's advertising message, offering, or other promotional qualifier appears on the screen with an option to view an-platform offering and/or to click through to a vendor-designated link and redeem the promotional qualifier.Here is about Pokemon Go.Pokémon Go is a location-based augmented reality mobile game, developed by Niantic Labs (Alphabet/Google) and published by The Pokémon Company (Nintendo) as part of the Pokémon franchise. It was released worldwide in July 2016 for iOS and Android devices. It has been the most successful app of all time.Here is the other patent we are publishing, I dont know if this one applies though.BEACON-FACILIATED CONTENT MANAGEMENT AND DELIVERYCustomer Number: 64046Application Type: ProvisionalTime Stamp: 17:54:31Filing Date:Receipt Date: 27-AUG-2015Attorney Docket Number: 45847-502P01USFiler Authorized By: Robert Timothy Stuart LattaFiler: Robert Timothy Stuart Latta/Karen LePariDo I have a case? Also any other information you can tell me about both patents would be truly helpful.Last, we have Mintz Levin Law Firm in San Diego representing us. What is your take on them. Dig DEEP! ha. Theres a reason I am coming to you.Thank you,**********

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
I'm looking into sourcing a cold brew coffee maker from

Hello,I'm looking into sourcing a cold brew coffee maker from China and selling it online. The one I want can be found here:https://qdsinoglass.en.alibaba.com/product/60464247384-212744291/Elemental_Kitchen_trade_assurance_unique_design_brewing_filter_core_pink_color_glass_cold_brew_coffee_maker_pitcher.html?spm=a2700.7803228.1998738840.4.FD3s2jI noticed there is a similar competitor in the space (Takeya) and the patents they have filed:https://www.google.com/patents/US8778432Their process of brewing coffee doesn't seem unique and is all over Amazon across different products. Would I be in any violations for selling the product above? It's hard for me to understand what all the patent(s) protect and if any minor deviations would put me in the clear?Thanks,Mike

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
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