Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

We purchased an image from LOGOS.co over a year ago We put

Customer Question
Hello, We purchased an image from...
Hello,
We purchased an image from LOGOS.co over a year ago We put the image on some clothing. It was brought to my attention that a company out of Mexico has trademarked the same image. Can we trademark this image in the US as well? We may want to have some additional clothing made and want to be protected/not libel, etc.
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 1 hour by:
8/31/2015
IP Lawyer: socrateaser, Lawyer replied 2 years ago
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,498
Experience: Retired
Verified

Hello,

U.S. trademark law unequivocally holds that first use of a mark in commerce is the sine qua non of registration. If someone has already trademarked the logo, then you cannot do similarly. There is one possible exception.

If you purchased the logo and you were granted an exclusive copyright license to use the logo by the vendor, then you could prevent your competitor from using the logo, because while the competitor could stop you from using the logo in commerce, you can stop the competitor from using the logo for anything and everything.

That said, the biggest problem here is that, unless your competitor is actually shipping product into the USA, then you wouldn't have much leverage over the competitor, as Mexico courts are pretty useless political organs, and unless you're prepared to bribe everyone in the government involved in determining your rights, the competitor is likely to simply ignore you.

On the other hand, if the competitor is shipping into the USA in quantity, and if you have an exclusive license over the copyright, then you can get a court order to seize all of the product in the USA, and thereby hopefully, force a settlement.

The cost-effective solution is probably to develop a new logo by hiring a logo design company in the USA to produce something for you from scratch. That's the only way to really protect your rights. You have to have absolute control over the logo from the moment of creation.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Ask Your Own Intellectual Property Law Question
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

859 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

461 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

455 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I recently filed for a trademark that was rejected on the
Hello. I recently filed for a trademark that was rejected on the basis geographically descriptive and ornamental refusal. How can I reply to this to allow my trademark to be accepted? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I applied for a trademark name (for a certification) a
hello, I applied for a trademark name (for a certification) a couple years ago but the application was abandoned because I didn't follow up timely. now, a person I was collaborating with at the time j… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
Can a Chinese company register a trademark in the United
Can a Chinese company register a trademark in the United States ? If so, what does the Chinese company need.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need someone with copyright, trademark law. I am creating
Hi, I need someone with copyright, trademark law. I am creating posters, political in nature as well as single scene comic strips. They are very patriotic content, images, (e.g. images of Mt. Rushmore… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
I need someone who is familiar with trademark and logos. I
Hi, I need someone who is familiar with trademark and logos. I need to know why a dog jersey of the FC Barcelona Soccer Team is NOT a protected logo. Why is that? if all the research i've done says th… read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I have a question on registering a trademark for product
I have a question on registering a trademark for product branding. I searched USPTO to make sure my name was clear to use and I applied to register. However, I discovered a business in a consulting se… read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
461 satisfied customers
I need help with music things. Copyrights and trademarks. If
I need help with music things. Copyrights and trademarks … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
We just got our business trademarked and I have some
We just got our business trademarked and I have some questions regarding the usage of the business name. … read more
socrateaser
socrateaser
Lawyer
39,498 satisfied customers
We are a U.K start up about to make both trademark
Hi We are a U.K start up about to make both trademark applications. My product designer is handling the applications. From my understanding if we apply for the trademark we would need to apply for bot… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
NOTE: IP / Trademark Lawyers Only Please We provide cooking
NOTE: IP / Trademark Lawyers Only PleaseWe provide cooking classes and catering services to companies and have had nearly all major companies use our services.We would now like to feature the logos of… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
I'm actually asking a copyright/trademark question. I am a
Hi...I'm actually asking a copyright/trademark question. I am a writer and small, independent publisher. I wrote a series that was published in 2005, 2006, 2007 and is actively available and selling n… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
My church women's group has come up with a slogan and logo
My church women's group has come up with a slogan and logo that we would like to protect. This slogan will be used in conjuction with themed workshops with varied offerings, but still being related to… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
I went through Legal Zoom for copyright and Trademark
Hello, I went through Legal Zoom for copyright and Trademark protection on my patent pending product. The U,S,P.T.O. approved "Life" on my submission for "Life Head Gear". … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
859 satisfied customers
This question concerns trademark/copyright of street
This question concerns trademark/copyright of street photography. Hello. I live in Austin, TX. I have been working on a street photography project in which I shoot recognizable local businesses and si… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
Im looking to copyright my car clud name and logo,
Hi JA: Hi. How can we be of help? Customer: Im looking to copyright my car clud name and logo JA: What written documentation do you have? Customer: Documentation JA: Have you talked to a local attorne… read more
Amadeo Rivera
Amadeo Rivera
JD
82 satisfied customers
For trademark attorney, I applied our business logo design
For trademark attorney, I applied our business logo design for our clothing line for trademark. it's still in process, I submitted our logo design shown on neck label of t shirt to the trademark offic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
RE: difference between copyright and trademark. "Know your
RE: difference between copyright and trademark. "Know your prospective client" would be a trademark or a service mark correct?… read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers
I would like to copyright or protect a logo or avatar
hello ,I would like to copyright or protect a logo or avatar created by my now deceased son for non-profit purposes. Is this possible? And if so how? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x