Intellectual Property Law

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Have an intellectual property question. I am actually in…

Hi there have an...

Hi there have an intellectual property question

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am actually in Canada. BAsically, I have a musical band that will likey be doing events in the US (not sure which states). There is anothe rband wiht the same name that has a trademark in the US

Lawyer's Assistant: Has anything been filed or reported?

Not as far as I know. We have only operated in Canada thus far hwever just signing with a US agent.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats pretty much it

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Customer reply replied 4 months ago
I was thinking of changing the name to iRequest Live. As fas as I can see there wouldn't be an issue with Apple on that? I've searched the US trademakrs and there is an active Trademark for "IREQUEST" however it is for an insurance company. If I used that, because it is a totally different service am I ok? could really use some advice on this. There are other names that would work such as "Total Request Live" but again, there is a TV show that has that trademark.
Customer reply replied 4 months ago
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Attorney Wendy
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Customer reply replied 4 months ago
Can we just have a call instead today?
Phone call session started

It was a pleasure speaking with you; the technology you are offering sounds fantastic. There are so many times I'd love to request a song at a live show. That said, it appears there are a number of different types of businesses using IREQUEST in some form or fashion and I've attached a copy of those registered entries, some (or all) of which you had already found and mentioned. But notably some are marks that have been abandoned and are no longer protected. Also, this link shows all of Apple's trademarks, just for information: https://www.apple.com/legal/intellectual-property/trademark/appletmlist.html - they do appear to do some policing of their marks via court cases, but that would be expected. They certainly don't "own" the use of a lowercase "i" but it is prevalent in their marks and could draw unwanted attention. I'm wondering if you could come up with something other than "live" to use after iRequest? Or perhaps going a little different direction with U-Request, which seems to have no competition in the trademark/servicemark world (my TESS search turned up no results) and could differentiate your company entirely. I would be a little reluctant to spend time branding iRequest or IREQUEST given the risk with Apple on the first and the other registered marks, particularly the iRequestLive one. Once you do decide on a name, be sure to use the SM superscript at the end to indicate it is being used as a service mark.

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