Intellectual Property Legal Questions

The STARWARS trademark is owned by Disney for motion pictures and various promotional merchandise.  Whether your use of STARWARS on your website is an infringement depends on how you use it and with what goods services.  It also would depend on whether you use the same font as in the Desney trademark.... Read More

Thank you for the question.  Our Firm has worked on similar matters with Facebook and can certainly contact the legal department at Facebooks.  The cost for a contacting the Legal Department and writing a letter on your behalf from our Law Firm is $500.00 If you are interested in discussing this matter further please take a look at our website (www.arapackelaw.com) and "Book at Time" for a call when you have a free moment.  Have a great day.   Sincerely, Andrew S. Rapacke The Rapacke Law Group, P.A.... Read More

Thank you for your question. If you have created a original literary work (i.e., book) then it may be copyrighted. Our Firm charges $225 for a copyright and can have it complete with 24 hours. Please call our office 407-801-9368.   sincerely andrew Rapacke The Rapacke Law Group www.arapackelaw.com... Read More

Thank you for the question regarding trademark law and counterfeit goods.  Counterfeiting goods, sometimes called gray market goods falls within the Trademark Act (Lanham Act) and allows for a variety of damages (penalties) including huge fines and even imprisonment.  Under the Lanham Act, there are also civil remedies that you can seek such as treble damages (a fancy way to say triple damages), attorney fees and seizure of the infringing goods.  Some examples of Trademark Infringement:  Using a sign or logo similar to McDonalds "golden arches." Counterfeit example:  Selling imitation Louis Vuitton Purses that are of lesser quality and imitate the original.  Some of the most counterfeit goods are shoes, toys, watches, clothing, handbags, and basic electronics.  My recommendation is to speak with a Law Firm who handles Trademark Infringement cases.  I wish you the best of luck.   Respectfully, Andrew S. Rapacke The Rapacke Law Group, P.A.... Read More

Dear Sir/Ma'am,   Patent litigation and damages are far from straight forward and most often require a damages expert.  However, the starting point is whether or not there is an actual infringement of your patent.  In your case, you have indicated that a patent is involved within the aerospace industry.  However, you have not indicated whether it's a Design Patent or Utility Patent which certainly will bear on the consideration of expert witnesses. When evaluating what types of damages you are attempting to recover you should consider lost profits, reasonable royalty, whether there was "willful infringement" and what evidence do you have to support the assertion, and attorney fees in exceptional cases.  I highly recommend speaking with a patent litigation attorney about the specifics of your case.  Good luck.   Sincerely, Andrew Rapacke The Rapacke Law Group, P.A.... Read More

First, make sure you have obtained copyright registrations on all of your materials.  If you have not then you need to file for an expedited copyright registration with the US Copyright office(www.copyright.gov)  that is if you are the author of the original materials.  Second, you need to send a cease and desist letter to the large US Corporation demanding that they remove all of your materials from their packages, demand an inventory of how much they have sold of your materials and demand they pay you a royalty for every package sold.  If the US Corporation does not respond then you will need to file a Copyright infringement case in federal court against the US Corporation.  I would need more information to advise you further since there is the possibility that there are issues of trademark infringment and unfair competition.  Good luck to you.... Read More

You may.  We would have to see all of the facts, but under copyright law, the works at issue need only be "substantially similar," and you would also have to prove that the other company had "access" to your character, which, if it was visible online, you could possibly prove.  You have copyright protection even without having registered it with the copyright office, but if you were to pursue an infringement in court, you would be required to register your copyright first, and then you still would not be entitled to statutory damages, although you would be entitled to other money damages, but the proof would be more difficult.... Read More

It depends.  If the other business's trademark is considered famous, then you should not attempt to use or register a similar trademark in another field of use.  Also, if your intended use could be considered related, or an offshoot of the business of the other company, then I would not recommend that you use a similar trademark.... Read More

I recommend you contact the owners of the copyrights for the videos and obtain permission to use the videos on your website.  You might review some of the materials on copyright at www.copyright.com which is the Copyright Clearance Center.  You may be able to obtain a license to use the videos thorugh the Copyright Clearance Center.  Good luck                    ... Read More

First, congratulations to your daughter -- writing and publishing a book is a major accomplishment. Second, she should register her copyright right now, as in today. Go to www.copyright.gov and she can do it herself if she has (a) a credit card to pay the $55 fee, (2) an electronic copy of the book, and (3) knows her name, phone number, address, email address, and when the book was published (in other words, basic information about her and her book). if it is less than ninety days since your daughter published her book, the registration can relate back to the date of publishing. Even if it is more than 90 days, any infringements that occur after the date of registration (which will usually be the day the registration is filled out) will be statutorily protected. Third, even without a registration, your daughter still has a copyright. Registration is not mandatory, and still provides some protection, although registration has more and more powerful remedies. Fourth, contact an intellectual property lawyer near you to write a cease-and-desist letter. While your daughter can do it herself, people tend to sit up and take notice when it is on a law firm's letterhead.... Read More

I recommend that you go back to the lawyer that drafted the cease and desist letters for you and discuss the situation with her/him.  You need to have a frank discussion on the issues of priority in the marketplace, whether or not your trademark is registered with the USPTO, the cost of filing a lawsuit for trademark litigation and the chances of success in court.  If the lawyer you hired is not an experienced trademark lawyer then you might want to find a trademark lawyer who has actually litigated a trademark infringement case in court.  Best of luck.... Read More

You need to decide which state you are going to incorporate your business.  Each state has a Secretary of State website with a Division of Corporations section that will explain what documents you need to complete to incorporate your business. You would need a trademark registration for your logo and company name.  First you should conduct a trademark search to determine if anyone else is using the marks in the US or where ever you are going to market your products/services.  If your trademark search reveals other people or entities are using the same mark for similar products/services, you need to change the mark.  If your trademark search reveals no one else is using the mark for similar products/services you should proceed to file a trademark application for the trademarks (logo and name).   If you are marketing your goods/services in interstate commerce then go to the USPTO website and follow the instructions to file a trademark application.  There are videos and manuals available for your use on the website.  If you are marketing your goods/services internationally you need to consider other countries you need to register your trademarks.  This information is also on the USPTO website. You can obtain a copyright registration for your website through the US Copyright Office.  Go to their website and follow the instructions for registering a work.   Since you have not provided any details on the product/services and where you will be selling your products/services, it is very difficult to provide more advise.  Best of luck. Crystal Broughan Marks Gray, P.A.... Read More

The key issue to your question is "likelihood of confusion".  If your product/service is in the same class as the registered trademark then the Trademark Examining Attorney with the USPTO will find there is likelihood of confusion and refuse to register your trademark.  The focus is on whether or not the consumer would be confused as to the origin of the product/service.  You do not want consumers to think that another company is selling your products/services.  You need to distinguish your products/services from others in commerce.   If you insist on using this trademark there is strong likelihood that the owner of the registered trademark will send you a cease and desist letter.  If you refuse to stop using the trademark they may file a trademark infringement law suit against you.   A straight forward answer to your questions is "No."... Read More

First, tradenames (company names) are not the same as trademarks and are trademarks only if used as such.  Second, rights in the US are based on use, not registration, so if you registered your company name prior to the filing date of the Madrid trademark application, you have superior rights to the name ABC and can oppose registration of the ABC trademark by the British company in the US. Furthermore, if the difference between the industry you are in and that the British company is such that a purchasor of the goods of your company would not be confused into thinking it is sponsored or made by the British company, or vice verse, there may be no likelihood that the British company could successful block use by you of your company name. I have greatly simplified the situation and you need to consult with a trademark attorney who can review the specific facts and advise you more accurately than is possible via this website.... Read More

Mr. Contois  Marks Gray. PA in Jacksonville has an estate planning attorney, John Crawford, and an intellectual property attorney, Crystal Broughan.  We will gladly assist you with your estate planning.  You can reach us at 904-807-2180.   Best regards Crystal Broughan Attorney at Law... Read More

Canadian rights are only valid for Canada and US rights are only valid for the US. Thus, you could not use your trademark in Canada and the other company cannot use its in the US. However, rights in the US are based on use, not registration and while you indicate that the other company has been in business longer, you have not indicated whether they have been shipping to the US longer than you have been using your mark. Assuming from the fact that the other company is using your packaging that you started in the US before them, then you could send them a cease and desist. In fact if the packaging is confusingly similar to yours, you might have a claim for unfair business practices and possibly counterfeiting in addition to trademark infringement. More facts are needed to provide a definitive answer and I suggest you contact a trademark attorney to fully evaluate your situation since it exceeds the scope of free service provided by this site.... Read More

The foreign language song is likely protected by copyright law both in the country where the song was recorded and also in the U.S.  You would not be permitted to record your own version of the song without obtaining permission from the copyright owner, and it does not matter that your intended purpose is noble.  If you proceed without getting permission, then you subject yourself to a copyright infringement risk.  By associating the charity with your plans, the charity may also face copyright infringement liability simply by being a beneficiary of your fundraising.  The best way to shield the charity from potential risk is by not recording the song without permission.    ... Read More

You ask a very good question, so my answer will not be so black and white, but I think that this might help you.  Note that my response will touch upon the legal issues only and not any ethical issues regarding plagiarism.  A “public domain” work is one that is not protected by copyright law and can therefore be used by anyone without legal consequence.  There is a common misconception that just because a work is available online, it qualifies as public domain.  In your case, however, it is generally accepted that federal and state legal decisions are in the public domain.  Please be mindful that any annotations, headers, or summaries added by commercial publishers like Westlaw are subject to copyright protection, so if any material like that was used, then you would need permission from that commercial publisher.     When one uses a public domain work, the status of that underlying public domain work does not change—it will always be public domain.  Your association has copyright protection in your publication’s article as a whole as well as all parts that did not come from the appellate court decision, but your association will be unable to prevent others from excerpting the public domain material from your article.        ... Read More

To be able to take action to obtain the domain via the domain name dispute process, you first have to show that you have rights in the name Ankish that predates the registration date by hughdomains.com and you have not indicated that you have a registered trademark for the term Ankish or any long-standing, pre-existing rights base on use. If you do, then you should contact a trademark attorney who is also a domain name arbiter or otherwise has experience in domain name disputes.... Read More

In this case, you probably don't need to trademark the domain name as well, but you should protect the business name and potentially any stylized version of the business name.  You might consider copyright protection as well for your website and any content you offer.  Let me know if you need any help.... Read More