Patents & Trademarks Questions for product

Page 1 of 6

Use of other company

Use of other company's trademark in business/product name

In Trademark Ownership    -  updated on 11/11/2009
This is probably a really simple question, so please excuse my ignorance.  Here's the hypothetical:

A party starts a consulting business that specializes in teaching people how to use a trademarked web 2.0 software package (say "YouTube" for the purposes of this hypothetical) to market their online businesses.  They name their business "Easy YouTube" and register the domain name "EasyYouTube.com" from which they conduct all of their onli...
Violating Intellectual Property Rights In Advertising Or Reselling Products

Violating Intellectual Property Rights In Advertising Or Reselling Products

In Trademark Disputes    -  updated on 11/11/2009
If you are re-selling a product in the US that you bought from company X in the US and take a picture of that product showing which of course shows the products logo can that be a violation of IP rights?

Can the ad itself be a violation of IP rights just because company X doesnt want you selling their product for any reason at all?

Or do we have some type of fair use rights to take pictures of the manufactures container/box and its product to advertise and resell a prod...
Fair Use Rights - taking 2 products and making 1 for reselling

Fair Use Rights - taking 2 products and making 1 for reselling

In Branding    -  updated on 11/11/2009
If you can take 2 products that have IP rights and combine them into your own single product and get your own IP rights (possibly) then this doesn't give you the right to sell the resulting item?

What example cases is this legal for and not legal for?

Thanks for your time
(california)
First Used in Commerce - When product manufactured and shipped to seller?

First Used in Commerce - When product manufactured and shipped to seller?

In Trademark Registration    -  updated on 11/11/2009
Thanks for the answer to my previous question about DOFU and LLC.

If I will be trademarking a series of DVDs that I have produced out-of-state, can I claim DOFU as the first date that I transmitted the DVD data (the actual video plus art for the case, etc...) to the production facility?  The data is transmitted via internet, and as soon as the production facility receives it, they also list the DVD for sale on their website's e-commerce webpage.

Or, do I need t...
software products called

software products called

In Famous Marks    -  updated on 11/11/2009
Does the name of a software product (unrelated to Apple's products) that starts with an "i"  infringe Apple's trademark?  

Soliciting thoughts
product that is discontinued- still sue?

product that is discontinued- still sue?

In Trademark Disputes    -  updated on 11/11/2009
Can a company that has obtained a registration # from the USPTO sue a company that i using their name even though they have discontinued use of the product and dont provide any service for it?
Similar Name and Product Comparison

Similar Name and Product Comparison

In Trademark Disputes    -  updated on 11/11/2009
I would appreciate any thoughts and opinions on my post.

First, is it possible and what general cost might it be to sit down with an IP attorney to review a case with me. I take my created materials in for review and the competitors materials and have the attorney provide me with their expert advice as to whether I?m infringing on someone rights.

The following case is obvious made up but close enough in careful ways that feedback will be useful.

Second, let?s say NoPoop ...
using nfl logo in our product?

using nfl logo in our product?

In Famous Marks    -  updated on 11/11/2009
i hope someone can help to clarify my situation
we have a business that uses a waterjet machine to cut various types of material,plastics metal,etc... we have come up with what we think is a great new product never made or seen before. without disclosing what it is i can use an example, say we have a 3ft X 5ft piece of metal and we want to cut out an nfl team logo in it, i know that this would be trademark infringement, but if we were to buy a licensed nfl team logo decal from a licensed n...
registering a trademark for an existing product

registering a trademark for an existing product

In Trademark Disputes    -  updated on 11/11/2009
Hi,

I'm a wholesaler and have been selling for several months a specific toy with a specific name.
Recently, I was contacted by a company that bought the trade mark for that name related to that toy that I sell.
They said that now they own the trade mark for it and I can't sell it.
I was selling this product long before they even register the mark, can they prevent me from continue selling it now?
They also claim that they have patent pending rights for this product, but th...
Product Image Trademark Question

Product Image Trademark Question

In International Trademarks    -  updated on 11/11/2009
I own a small online company that sells products related to the beverage industry. ?I carry products from a company that is headquartered in Europe but has an American division. ?

I buy products from the American division of this company at wholesale rates, take pictures of them and sell them on an online storefront. ?I have been doing this for 3 years without incident.  The products are sold for resale and I help promote their products online probono.  Their American Divisio...
products used in training video

products used in training video

In Trademark Ownership    -  updated on 11/11/2009
I want to produce a training video for a software title and a compnion piece of communications hardware. I have no affiliation with the manufacturer of the HW/SW but have extensive knowledge of the products. I am looking to provide basic training to companies who use thie HW/SW via a DVD. Will I be infringing on the manufacturers copyrights or trademarks by showing screenshots of the software or their logos on the hardware or software screen shots or mentioning their name verbally in the prod...
Same name, same class, but different product...

Same name, same class, but different product...

In Can I Trademark it?    -  updated on 11/11/2009
Hey everyone!

I have this name that I have picked out and did a search with USPTO site.  I found the same name in the same class, but this same name is "Ladies Shoes" and I will be selling "Clothes" under this name. Can you still trademark a name if it is being used in the same class, but a different product???  I am a little confused!  I would love to use this name if I can.  I could use some advice!  Thanks!!!
Product with the same design of the original brand

Product with the same design of the original brand

In Branding    -  updated on 11/11/2009
I have checked many IP website, but still not for sure...

Is it legal to manufacture, say a blender, with the same design of a registered brand (reg. as trademark)??
I mean just manufacturing and selling in no brand but same design of the original one.


I found that if the design is registered, it is then illegal anyway. But some say if the design is not registered, it is alright to mft and sell it. Is it correct?

Thanks
getting your own production name

getting your own production name

In Can I Trademark it?    -  updated on 11/11/2009
Hello. I'm a music producer and I'd like to know how to legallly obtain a production name. For example if the name were " The music man" where would I search to see if it's been used or not and if not how could I go by making the name solely mine? I'd appreciate the help. Thanks
Medical Technique / Product Question

Medical Technique / Product Question

In Can I Trademark it?    -  updated on 11/11/2009
Medical technique question
? on: Today at 12:57pm ?  Quote  Modify  Remove  

--------------------------------------------------------------------------------
I have what I think is a unique situation.  I'm sure we all do.

There is a medical treatment technique that has been used in the US for 20 years.  It utilizes a brace that is applied to certain parts of the body.  It is both a product, and a technique, as this brace is applied a ce...
mentioning products, published works, etc. by name

mentioning products, published works, etc. by name

In Slogans    -  updated on 11/11/2009
I'm developing a board game and some of my game questions will refer to specific products, TV shows, movies, songs, books, etc. I have two quick questions:

1) Can someone sue me if I don't mark every trademarked or copyrighted thing with the proper symbol in print (TM, C, R, etc.)? Is there an easy rule of thumb to help me know what types of media or products need a mark?

2) I saw another posting on this forum from someone who wanted to print movie quotes on t-shirts or mugs an...
The Product Identifying the Source

The Product Identifying the Source

In Trademark Registration    -  updated on 11/11/2009
I assume you cannot register a trademark on a product that is not made by you.   I think the same applies if the product is resold, but what if the product is modified to a certain extent.  Can anyone clarify this?   How much of it must be your product?
Use a a product

Use a a product's name

In Famous Marks    -  updated on 11/11/2009
I have a question about trademarks.  I'm building a website about electronic product (buyer's guide).  I asked several companies (canon, nikon, pentax, minolta, ...) for the permission to use their images and logos and most of them agreed except Canon, that threatened to sue us.

1.  Do I have the right to use a brand name and model number (as well as it's specifications) without the approval of the trademark's owner?  

For example, do I ha...
Trademarking Clothing/ Music Production Company

Trademarking Clothing/ Music Production Company

In Can I Trademark it?    -  updated on 11/11/2009
I own a music production company that is involved in not only producing music on CD's but also is creating a line of  clothing with our "brand" on the clothing.  If we have, let's say, a jacket and a hat, each with our brand on it (which consists of two letters in a designed form), should I register the hat and jacket style seperately with the logo/ design?  Also, should I copyright each CD that we produce?  Please explain!
company name and product query

company name and product query

In International Trademarks    -  updated on 11/11/2009
I'm starting a company called labrador clothing based in the UK which will sell t-shirts. i have just found out that there is a company in Japan called Labrador Retriever which also sells t-shirts.
Does anyone know if I will have to change the name of my company? ?
I don't think the Japanese company has started selling in the UK.
Another problem is they have a adult labrador dog logo, and my logo is a labrador puppy.
?
If I go ahead and start selling t-shirts, will I get in ...