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South Carolina Patents Legal Questions

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2 legal questions have been posted about patents by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include intellectual property, copyrights, and intellectual property licensing. All topics and other states can be accessed in the dropdowns below.
South Carolina Patents Questions & Legal Answers
Do you have any South Carolina Patents questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 2 previously answered South Carolina Patents questions.
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Recent Legal Answers

Can I create a company called Rush Fitness Center if there is already a company called The Rush Fitness Complex since there name is not trademarked?

Answered 12 years and 6 months ago by Todd A. Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Why?  Even if it is legal, the similarities in the name is apt to cause confusion among customers and among vendors (presuming your businesses are geographically proximate). Isn't there a name you can choose that is less similar to another company? Even if the company name is not formally trademarked, the name can be a common law trademark. A common law trademark is protectable in the region within which it used to the extent it is recognized by the market. If you go to wikipedia, you can search terms like "common law trademark" and "passing off" for a description of the relevant issues. If you are in SC and The Rush Fitness Complex is limited to Texas, you will likely not have any issues adopting your name for use in SC. The key in trademark law is always consumer confusion. If Rush Fitness Complex customers are likely to see your business and believe your companies are related (thus being confused about a relationship between the two of you), you could have an issue. I always tell my clients to bear in mind, even if the law permits you to do something, a company that feels wronged may sue you anyway. What will it do to your business, just starting out, if you have to pay an attorney five figures to defend your right to use this name? You can survive walking down the middle of the road, but you get where you are going safer if you use the sidewalk.... Read More
Why?  Even if it is legal, the similarities in the name is apt to cause confusion among customers and among vendors (presuming your businesses... Read More

My daughter has co-authored a book and prvided all the characters used in the illustrations. Now she''s been approached about another book.

Answered 13 years and 10 months ago by Nancy J Flint (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Patents
Register the copyright in her characters and then their use would be copyright infringement if done without her permission. Go to the United States Copyright Office website at www.copyright.gov and check out their FAQs on how to register a copyright.
Register the copyright in her characters and then their use would be copyright infringement if done without her permission. Go to the United States... Read More

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