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Recent Trademark Infringement questions

If I own a gym called Until Failure. But after doing a

If I own a gym called Until Failure. But after doing a search, someone copyrighted that phrase to use on tshirts. Does that mean I can't print and sell tshirts with my gym name on it?

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Thomas Swartz

Attorney

Juris Doctor

2,690 satisfied customers
Received a DMCA on website and not exactly sure what content

Received a DMCA on website and not exactly sure what content i should remove because it's description was vague and didn't inform me of much.

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
I want to create an private organisation to certify Online

I want to create an private organisation to certify Online views. Not only youtube but any platform showing vews count (vimeo, youtube, daily motion, instagram,etc...) I will certify the videos for free but I will sell the option for a custom frame /award at a cost. Can i do that without getting in trouble with the platforms i will not use their name or logos also MY logo has a Play button for the O (OVA) is ressemble an icon youtube uses can I still have it in my logo ? i have a file to show you

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Thomas Swartz

Attorney

Juris Doctor

2,690 satisfied customers
I have a business, i closed it in 2010, final state return

I have a business, i closed it in 2010, final state return done, and i need to sue someone who had a license to operate using my ip with that old business , for breach of contract and trademark infringement, tortuous business interference, unfair trade practices. Ii transferred everything - licenses and i.p. - to the new business i run now in another state. how do i sue someone with the old license if i do not reinstate the old business? how does that work in the courts?

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Thomas Swartz

Attorney

Juris Doctor

2,690 satisfied customers
I am working on creating a brand of beach cruiser

I am working on creating a brand of beach cruiser accessories and safety equipment for women. I found an ecommerce store with the same brand name. They sell bicycle related gifts. Their word trademark is cancelled, but they are still doing business. Do they have common law rights to the trademard. They would not be a direct competitor, and, in my opinion, the relationship could be mutually beneficial. How should I proceed?

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Robert McEwen, Esq.

Doctoral Degree

22,676 satisfied customers
I run a laser engraving business. One of the products I was

I run a laser engraving business. One of the products I was buying retail and reselling with custom designs was Zippo lighters. Things were going well until I received a trademark infringement notification from Zippo stating that I was hurting their brand by selling these modified lighters. The images where custom monograms and some video game themes. I was selling these on Etsy, and Etsy is who passed my info to Zippo. I was told I had to remove my listing for any engraved Zippos. However can they legally do this to me? I've purchased the lighters at full retail via amazon and from what understand by looking up resell rights laws and rulings, I bought the item and have full control to sell it as I wish. Any insight into this would be helpful as I'd like to continue selling engraved Zippos. Thanks!

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Gerald-Esquire

Juris Doctor

5,294 satisfied customers
I run an Etsy shop and I made & sell doll clothes for ******

Hello! I run an Etsy shop and I made & sell doll clothes for ****** & *********** Doll clothes. I have been notified by Etsy Legal that I have been sited for trademark infringement by ***************. My question: Is editing these listings with the trademark symbol enough, or do I need to make other changes to make these listings 'legal'? I may have other similar questions; I was notified by Etsy for a similar issue two years ago by another company, and after making the changes I thought would suffice but receiving other notifications, I deleted these listings for fear of having my shop shut down). Thank you so much!

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
We have had the phrase “American Lifeguard Association”

For years, we have had the phrase “American Lifeguard Association” trademark for lifeguard training, and we see that someone has recently created the “United States Lifeguard Association.” We feel the name is ***** ***** to our trademark name. Do we have any legal foundation to object to this, since words “United States” and “American” are such interchangeable words? Could it fall under dilution of our trademark in their attempt to sell their products, or some other possible violation?

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
I am the owner of a store that is independently distributed,

I am the owner of a store that is independently distributed, however I signed no contracts when I opened the location. Due to lawsuits within the company, I began to get fearful of my situation and am changing the name of my location (as well as all the materials used to prevent copyright issues). My questions is if I can safely mention that our new company is "Formerly known as _______" during a transition phase

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Lorens35

Juris Doctor

37,080 satisfied customers
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