Can you answer questions about the usage of social media
Can you answer questions about the usage of social media logos during a dance team performance?JA: What written documentation do you have?Customer: I'm not sure what you mean. I just want to display the icons on a large board behind the dancers. Their theme is technology.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: I haven't talked to a local attorney. I have requested to talk with the school attorney, but haven't been able to so far. Nothing has been filed in court. I haven't put up the display yet, because I'm not sure it it legal to do so. I don't want the school to get into troubleJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so
I am designing a logo for a business, and I have a question
Hello. I am designing a logo for a business, and I have a question about how legal my process is. This is going to be a long question, but I thank you for your patience. When I first designed the logo, I simply traced an Adobe Stock image with Adobe Illustrator, made a few minor adjustments, and decided I was finished. Only then did I realize that my method may not be legal. The Adobe Stock FAQ page says "No. You need to have complete ownership of the image you use for your company logo, since logos are intended to be registered and protected to prevent other companies or organizations from using the same image. Because Adobe Stock only grants a right to use images and does not transfer the ownership, these images cannot be used in or as a logo." So, my attempt to fix the issue was to look at the image on the screen, and then free-draw the image with pencil. Then, I scanned that drawing into my computer and traced it with Illustrator. So the logo is now 100% my own art; I just used the Adobe Stock Image as a reference. My concern is that, my sketch was actually surprisingly accurate, and the logo still looks a lot like the original picture so it may still be considered the property of the photographer meaning I cannot use the logo for my business. Should I be worried? As a side note, I only have about 30 mins before I have to leave my computer? Will that be enough time or should I ask the question again when I have more time?JA: What written documentation do you have? It's hard to know for sure. The IP Attorney will figure it out. Have you talked to a local attorney? Has anything been filed in court?Customer: No, nothing has been filed in court yet. I have no written documentation concerning the logo, and have not yet reached out to a local attorney.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.
I have a trademark for a small brand that makes innovative
I have a trademark for a small brand that makes innovative custom fitted ----- ----. I would like to be able to take a --- ---from a larger established brand, take the --- apart except for the outer shell, install my own custom tailored hand lining, and then sew and lace the --- back together again to sell to the public. This would be a custom modification without license or approval from the larger brand. I would make sure to state clearly on our website and on social media that the logos on the outer shell are a trademark of the larger brand and that my smaller brand has no affiliation with them. I would like to offer this as an option in three different ways. First, for customers to send me their larger brand ---- to be modified as a service. Second, for me to purchase larger brand ----on the open market and then re-sell the modified versions. Third, as an option to professional players who may have an exclusive endorsement contract with the larger brand. Beyond stating that there is no affiliation with the larger brand, what steps do I need to take to ensure that I am within my rights and avoid legal challenges? May I swap a larger brand logo on the outer shell and replace it with my own logo? May I place my logo in a new spot on outer shell and/or on the newly installed modified inner lining?
I recently got a packet from a law firm and they demanded I
I recently got a packet from a law firm and they demanded I comply with them. Up to this point I have not sent them anything or taken any type action. It is revolving around a copyright product, which I sent to an undercover agent. Now lets say they stop pursuing me but instead, they end up finding someone else linked to the copyrighted produced and somehow I get mentioned in that case. Does the penalty for me become more severe for having avoided the first attempt of them trying to reach me or does it only matter what plays out in court.
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.
We formed a company that has a similar sound and spelling to
Hello,We formed a company that has a similar sound and spelling to another company (from hereon referred to as: “company X”) formed about 10 years ago in another state. Company X is still legally registered/active and in good standing with their state.A search online yielded no information on what company X does at this point in time. We found only one professional social profile of a person employed there and it too doesn't mention what he does there or what the company does either.We found company X registered an identical domain name, “www.companyX.com” long ago. The website is currently inactive/blank but still registered to company X.We used archive.org to find out what the website was used for before. It turns out that over 4 years ago the website was used by company X for several years for basically the exact same reasons we are in business now. While the methods of our business differs from theirs, the end is the same.Given the facts that:1. The names of our companies are spelled and sound similar2. Our current mission/product/service is similar to their prior stated mission/product/service3. Their website is currently inactive/unused4. Their business is still technically active and registered with the state5. We can't find out via an internet search what their company does anymore6. We will soon launch an online presence that will likely have clients from their state using our website for commercial purposesOur questions are:1. Are we at risk of being sued by the company for any reason pertaining to these circumstances? We are worried that if we launch and (especially) are successful, they will claim that we blatantly intruded on their name/mission/product/service. We are worried that even if we can't find any information online about their activities, they may theoretically have a small offline business in their state still doing the same thing and that will serve as legal grounds for a lawsuit.2. Should we use an attorney to try to establish contact with their company to find out what they do right now or is this unnecessary?3. While they used “TM” next to their name when their website was active, no federal trademark for their name/logo/etc exists. If we federally register our trademark/name for our similar purposes, will that help protect us from a lawsuit? Or, do they despite this have some sort of historical standing and claim to the similar name and similar product/service since they once had an active website and their business is still active?
If I begin to produce a product similar to another product
If I begin to produce a product similar to another product before I realize or know that a company has a patent pending am I obligated to stop selling that product based on the fact that they have the patent pending? If not then what happens if they are granted a patent down the road and I am infringing on it?
Been nursing and wound care since 2003. even have a visa
been nursing and wound care since 2003. even have a visa debit card showing "uberwoundcare" customer since 2003 with my logo. thi syear incorporated and trademarked logo. uber technologies (founded in 2009) sent cease and desistJA: Is the trademark federally registered?Customer: I filed my trademark in October, uber filed theirs in decemberJA: Have you talked to a local attorney? Has anything been filed in court?Customer: nno tyet. my trademark attorney just sent me the letter yesterday from the uber repJA: Anything else you want the lawyer to know before I connect you?Customer: I also have applied for copyright on my mobile smartphone applications and I have a paten pending on my business model and the mobile applications, beyond the fact the our logo's don't look anything alike except for the U which is a letter of the alphabet, AND I use UBERwoundcare as one word, in the Germanic form of a prefix, not as a single word such as UBER technologies. not to mentions over 901 current and old trademarks in the USPTO website using the term "uber"
Lawyers, I have a website and I sell online merchandise that
Hello Lawyers,I have a website and I sell online merchandise that I get from China. These merchandise are inspired from the game: League of Legends owned by Riot Games, Inc. However, the items isn't like the same designed, it is just inspired and it looks like the game a bit.I sell plushes, figures, keychains inspired from champions from the game. See my website at: https://lolmerch.xyzShort description of the problem:- Riot Games Inc. claims that I misses with it's intellectual property rights and therefore, it has opened a case upon my website thus will result in blocking my PayPal account for payments & it also might open a case in the court if I don't respond. (It is also good to mention that I had some same products that they have in their merchandise store but I removed them today).- My websites sells merchandise that I get from China through freelance sellers or websites. Mainly from Animeba.com or Aliexpress.- League of Legends (The game developed by Riot Games Inc.) have champions and the manufacturer in China creates that designed base upon and inspired by those champions designs. However, the design are not taken from Riot Games Inc. Only inspirational but looks like the champions of course...See example here: http://imgur.com/a/x8OTT- Riot Games Inc. recently opened a merchandise store and it had some of the items that I had in my store. Yesterday I am removed the items that Riot Games Inc. has. Because I think they opened the case because of that.- My website used to contains the phrase the phrases: LoL and League of Legends. But I've removed them from the homepage and will do from the products soon.- The products I sell are from China. Once the customer in my website places an order, I contact the seller in China and give him my client's address so the items never come to me personally.-----------------------------------------------What have PayPal sent me:"Dear Jubran,Thank you for choosing PayPal to send and receive payments for your transactions.We are contacting you as we have received a report that your website lolmerch.xyz is currently infringing upon the intellectual property of Riot Games, Inc. Such infringement also violates PayPal's Acceptable Use Policy.If you feel your sales do not infringe upon the intellectual property rights of Riot Games, Inc, please complete the attached Objection to Infringement form. The completed form with your signature can be submitted via email to***@******.*** or by fax to: 1-***-***-****.Once this requirement has been met we will review your account and the Objection to Infringement Report form to determine if further action is necessary.If you do not choose to object to the report, you will need to do the following in order to comply with the Acceptable Use Policy and avoid the limitation or closure of your account:- Remove PayPal as a payment option, as well as all references to PayPal, including the PayPal logo and/or shopping cart, from lolmerch.xyz.- Submit the online Acceptable Use Policy affidavit.The PayPal User Agreement states that PayPal, at its sole discretion, reserves the right to limit an account for any violation of the User Agreement, including the Acceptable Use Policy.Under the Acceptable Use Policy, PayPal may not be used to send or receive payments for items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction. This includes transactions for counterfeit items or unauthorized replicas or copies of items.The complete Acceptable Use Policy can be found at the following URL:https://www.paypal.com/us/webapps/mpp/ua/acceptableuse-fullTo learn more about the Acceptable Use Policy, please refer to our Help Center page here:https://www.paypal.com/us/cgi-bin/helpweb?cmd=_helpFor more information about the status of your account and for instructions on how to restore full use of your account, please log in to your PayPal account and select the "Resolution Center" link. On the next page select the "Resolve" button/s located under the Action column, in the Steps to Provide More Information section and follow the applicable instructions.We encourage you to login and return your account to good standing as soon as possible.Failure to respond by the following date will result in the further escalation of this issue: December 04, 2016You can find additional information and tips about buying and selling safely on our Business Resource Center at https://www.paypal-businesscenter.com/buy-and-sell-safely.Thank you for your prompt attention to this matter. If you have any questions, please contact the PayPal Brand Risk Management Department at***@******.***.Sincerely,RickPayPal, Brand Risk Management"- Please view the use policy here of PayPal in here: https://www.paypal.com/il/webapps/mpp/ua/acceptableuse-full- Please view OBJECTION TO INFRINGEMENT REPORT (Intellectual Property Claims) that I need to sign: https://www.dropbox.com/s/qb4bk4g7ck51qdr/OIR%20US.pdf?dl=0- About Riot Games Inc.: https://www.google.de/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=riot%20games%20inc-------------------------------------My question is:- Is it legal to sell the items if I mention the name of the champion in my product? The champion name is ***** ***** TM of Riot Games, Inc. Only League of Legends and Riot Games are TM (Not 100% sure about this), see more information here: http://iprs.cbp.gov/index.asp?fi=1&action=search&searcharg=Riot+Games,+Inc.- Is it legal at all to do this kind of selling because it just look like it?- Riot Games claims that it's Intellectual Property so will there be any risks of big cases sues if I upload file of objection after I removed all the sentences and items containing the phrase: League of Legends from my website?Thanks in advance!