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Recent Trademark Infringement questions

I own the domain name MASTERCHEFAPPROVED.COM is this in any

Hi, I own the domain name MASTERCHEFAPPROVED.COM is this in any way a breach of trademarks.. Thankyou, Rob.JA: Is the trademark federally registered?Customer: I feel so, but I intend to use it as an online directory, not for cooking etc.JA: Has anything been filed or reported?Customer: No, I am just about to startJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so....

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Maverick

Doctoral Degree

8,160 satisfied customers
Second opinion] We recently filed for a trademark on our

Second opinion] Hi, We recently filed for a trademark on our company name. However, we noticed there is a company in the middle east with the same name, and apparently they are advertising in the US. This is causing confusion for our customers, what options do we have to protect our trademark? Question 2: We noticed the same firm has a plugin on the shopify app store .. again using our trademarked name.. Would we be able to get Shopify to take down their app or ask them to rename it?

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JD 1992

Juris Doctor

37,886 satisfied customers
My name is ******. I run a Facebook group and a blog site.

Hello, My name is Monte ******. I run a Facebook group and a blog site. Our focus is Merch By Amazon. It allows everyone the opportunity to design t-shirts and sell them on Amazon.com; It has been called the new gold rush. Anyways, I have a shirt design. Could you please look at the original idea and then look at my design, and tell me if I would be safe to publish my shirt design or would I be infringing on someone else's work i.e. a derivative. If I would be infringing on the other designers work, could you please provide some insight, maybe a rule of thumb that I could share with my merch group or on my blog at merchfuel.com so that we do not violate any copyrights including derivatives. Some members are under the impression that if they change the font and color and swap out for a similar graphic or flip an element of the design layout that they will be fine.

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39,608 satisfied customers
If I wanted to create a jeopardy game online, do I need to

if I wanted to create a jeopardy game online, do I need to get licensing rights from the owner of the trademark and if so, how would I go about that?JA: Is the trademark federally registered?Customer: I believe it is under the name "Jeopardy!"JA: Have you talked to a local attorney? Has anything been filed in court?Customer: nothing done yetJA: Anything else you want the lawyer to know before I connect you?Customer: no, I probably just need to know what I can do or cannot do and if I can't do anything, the process to get rights.

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Alex Reese

Intellectual Property Attorney

JD

4,182 satisfied customers
This is for Monty. Monty, Several years ago you advised me

This is for Monty Simmons.Hello Monty,Several years ago you advised me on a Trademark Opposition. Long story short... After three years of filing with the TTAB, we came out victorious with our Opposition. http://ttabvue.uspto.gov/ttabvue/v?qt=adv&procstatus=All&pno=91211897Now I need advise with the next phase of this issue.... The company that we were victorious with opposing their trademark filing, they continue to use our trademark. I am ready to send a cease and desist notice. ...again. If necessary, I would like to file a civil suit in federal court. I am thinking that cease and desist is where I begin this process. When I file my suit in federal court, do I file where I am located (Utah)? The defendant is in Dallas. I understand trademark protection provides up to 2 million in damage protection if you can prove willful intent? Does our Opposition victory help prove willful intent?Additionally, our refiling period already occurred and we were successful at obtaining our Acceptance/Acknowledgement Sections 8 and 15: U.S. Trademark RN(###) ###-#### SMARTCARTAny information that you could provide about getting me going with this process, would be much appreciated.Thank you for your assistance in this matter.

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montysimmons

Owner Simmons Patents

Doctoral Degree

594 satisfied customers
I work in the knife industry where I customize and modify

I work in the knife industry where I customize and modify existing production folding knives. Some companies like Emerson Knives Inc. and Spyderco have trademarked their opening feature (i.e. the 'wave' and the 'spydie hole'). If I were to make a new blade for their own knife and install it on their knife (i.e. not a knife I made) would this be acceptable?

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montysimmons

Owner Simmons Patents

Doctoral Degree

594 satisfied customers
When bringing new product to market as a generic, what must

When bringing new product to market as a generic, what must the generic alternative to the competition not do or print on packaging to infringe on any civil law? For example generic cereals often use the box to mimic the box graphically to the competitions. The question is what publically available logo's can be used on sales items? Please STATUTE and if possible 1 CASE LAW.

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montysimmons

Owner Simmons Patents

Doctoral Degree

594 satisfied customers
I was wondering if a company has a trademark in a specific

I was wondering if a company has a trademark in a specific class, does that mean I can't use the word when describing my product, such as "Great for (Brand Name) consultants" or "(Brand Name)-inspired"?JA: Is the trademark federally registered?Customer: yesJA: Have you talked to a local attorney? Has anything been filed in court?Customer: no, I have not talked to an attorney. Nothing in regards ***** ***** has been filed in court, if that is what you are asking.JA: Anything else you want the lawyer to know before I connect you?Customer: I am very, very small business owner. :)

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Alex Reese

Intellectual Property Attorney

JD

4,182 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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39,608 satisfied customers
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