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Recent Trademark questions

We have a business called Never Tap and we are having

We have a business called Never Tap and we are having trouble with another person setting up websites and using our name. we have copyrights and trademarks done and the name is ***** ***** can we stop and desist thisJA: Do you have a registration record?Customer: where name is searchedJA: Have you talked to a local attorney? Has anything been filed in court?Customer: we have papers to be filed but can't be done until tomorrowJA: Anything else you want the lawyer to know before I connect you?Customer: sorry not til monday

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nyclawyer

Attorney

Juris Doctor.

39,240 satisfied customers
I was working this time last year with a friend/business

Hello!JA: Hello. How can we help?Customer: So, I was working this time last year with a friend/business partner to open up a business making light up costuming/headdresses on etsy and as our own LLC. We never signed legal documents or even a rough contract stating that that was what we were doing. She showed me how to make wire wrapped light up horns (which was to be one of our products) as well as little jewelry unicorn circlets (which she stole the idea for those from another etsy store). We went to a few craft fairs and sold under our other friend's legitimate business as we were still forming our LLC. I made product for our company but never saw financial reimbursement for the product I made, which at the time was fine because we were starting up this company together as we had verbally agreed upon. Well, not too much later after I set up our Etsy store, Facebook Page, business cards, and a number of other logistical matters to get our company up and running, she unceremoniously cut me out of the business. I was never paid for my portion of the business both in product that I physically crafted and made and in the additional work I did to make our business a business. I brushed it off and moved and have been starting to re-start the business (which was my idea in the first place). She is still doing her business and is threatening legal action for "Taking her art"JA: What written documentation do you have?Customer: None. But neither does she. She is now saying that she had a "verbal agreement" from me that I wouldn't re-make her art when she taught me to make the horns and that she has several other people who will testify to thatJA: Have you talked to a local attorney? Has anything been filed in court?Customer: Mind you, I have come up with my own manufacturing design and process since then. No. No actual legal action has taken place I'm presently just trying to see what my rights are seeing as how I have come up with a different way of making the horns than through the original design method she showed me.JA: Anything else you want the lawyer to know before I connect you?Customer: We're both located in different states now, and she cut me out of the business 6 months ago.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
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?

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JD 1992

Juris Doctor

36,964 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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38,838 satisfied customers
Someone made a special bra that fits better than other bras.

Someone made a special bra that fits better than other bras. The reason it's so great, is because it is made using four clips (look like normal clips you'd get from the crafts store), and they are perfectly placed to relieve tension in all the right areas. There is also a special elastic type of band that does the rest of the job very nicely. The material the bra is made with, is silk. Although this design was made by this individual, there is no patent, and for all intents and purposes, it is simply a silk bra with 4 clips in unique places, along with an elastic band.I want to compete with this entity. The manufacturer (from china) wants to sell the same exact bra style to me in bulk, and I have requested them be made in a different material (not in silk). My packaging and marketing, along with the product name and material are all different, however, the basic "style" is the same.So my question is: Am I good to go so that I may compete freely?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
My company has been selling DVD videos starting in 2015.

My company has been selling DVD videos starting in 2015. However in 2016 we started to use a streaming service instead. We understand that the sale of pre-recorded videos are "Goods" while streaming is a "Service." Must we file based on intent to use our mark and abandon the earlier use date since we are no longer selling DVDs?JA: What written documentation do you have?Customer: We have receipts for sales of the DVDs during 2015 and a website that we will be streaming our videos next month.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: The Streaming Videos are a Service under new Class 41 as Education & Entertainment for children.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,960 satisfied customers
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?

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38,838 satisfied customers
I am a lawyer myself. I have" created" or "invented" a

I am a lawyer myself. I have" created" or "invented" a significant change to a particular baseball rule which will change a certain aspect of baseball which is problematic. This rule change, I believe would be very appealing to owners and players and I would like to "market" it and present it, but want to protect it as IP, if the law permits this. I am not schooled in IP law and don't know if this is possible, but I know that if it is not subject to protection, it will be stolen and used without any benefit to me. Your thoughts on whether and how I can protect this. David ReidJA: Is this about an invention, a design, or an artistic work?Customer: see my message, ty DavidJA: Have you talked to a local attorney? Has anything been filed in court?Customer: nothing has been filed- I have not talked with a local copyright attorney- for now I have kept this secret - DavidJA: Anything else you want the lawyer to know before I connect you?Customer: nothing that I can think of at the moment

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38,838 satisfied customers
I have been selling a design under my clothing company but

JA: What state are you in? It matters because laws vary by location.Customer: I have been selling a design under my clothing company but another owner has approached me about 'stealing' his idea because he has the set of words trademarked. But i created an original design as an interpretation of an idea. Am i in violation here?? DC the wordmark was filed in NYJA: Has anything been filed or reported?Customer: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:hizp5t.5.1 noJA: Anything else you want the lawyer to know before I connect you?Customer: here's my collection with my design: https://weareotn.com/collections/father-stretch-my-bands and theirs: http://visionarysociety.bigcartel.com/products

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David Stewart

Vice President Legal Affairs

Juris Doctor

466 satisfied customers
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