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?
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.