Questions tagged [trademark]

A trademark is a sign, logo or design of some kind that distinguishes a particular product or service (or its provider or source) from others.

A trademark identifies a particular product, service, or it's provider or source, from others, particularly in the same industry, but also in general. Often a mark will appear on product packaging, printed communication, and buildings.

Many countries require registration of a trademark in order for the owner, which may be an individual, company, or other legal entity, to pursue legal action for infringement.

Trademarks can be designated with the superscript TM (™), or the R in circle ® for registered trademarks.

Canonical answers:

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Can UPS really trademark the color brown?

So, today as I received an email from UPS, I read the disclaimer at the end and it said: © 2016 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of United Parcel Service of America, Inc. All rights…
Délisson Junio
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Can "Dumb Starbucks" be legally considered Fair Use as satire or parody?

About a year ago, a new, familiar-looking coffee shop opened in LA. Their reasoning for this was, basically, that it's making fun of the popular coffeehouse chain and is thus fair use: Naturally, it attracted a lot of attention and was later…
fstanis
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Why register a logo as trademark if copyright protects it?

If everything I created is protected by the copyright; No one can use it without my permission. Why would I need to register it as a trademark to protect it? If something is too simple to create, it cannot be registered as a trademark, it's the same…
Yami Odymel
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On what grounds can Instagram contest the use of the domain name slutsofinstagram.com?

A Reddit user registered the domain name slutsofinstagram.com, and has created a kind of parody cover story (Reddit; Imgur): Welcome to Slütsof In Stagrâm an online fantasy series about a Princess duck named Slütsof and her adventurous journey…
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Can a ® so small as to be reduced to a dot confer any legal protection?

The Bank of America iPhone app's icon has a very small ® next to the logo (shown below). The ®, barely visible in the blown-up picture below, is reduced to a small, vaguely pinkish dot on any device where the app may be found running, making its…
pseudosudo
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"Mama" is now a trademark word. Does that mean we can't use the word any more (e.g. for Etsy products)?

Someone just registered a trademark on the word "Mama" UK00003645697 Status: Registered Mark type: Word Mark text: Mama File date: 23 May 2021 Classes: 42 What does it mean for digital sellers, on Etsy for example? Can we sell things that use the…
Alexey Tseitlin
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Is buying counterfeit goods illegal?

There are fake Rolexs being sold on the internet for around £250. This is illegal, and those engaged in selling such items have been charged with unauthorised use of a trademark. It appears that the crime here is the right is not in the…
Dan
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Trademark violation for app?

I've just received an email from a Turkish app developer who believes my app infringes on his trademark. I've done some reading and read that essentially I'm not allowed to violate any patents or outright steal the work by copying it but otherwise…
Ch4t4r
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Is Kali Linux's "Undercover" mode legal?

Kali Linux, a Linux distribution for ethical hackers and penetration testers, has an "Undercover" mode that makes its UI look like Windows 10. It copies the desktop background, Windows logo Start menu icon, and the overall look and feel of the UI.…
Someone
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Can I name a real company after a fictional company found in a book?

Can I name my company after a fictional company (of the same type) found in a book?
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Can you be accused of hotlinking/copyright violation if you use an iframe?

Can you be accused of hotlinking or copyright infringement if you use an iframe (web element) of another website? Can you be sued for this if the website doesn't prevent iframe using and doesn't expressly forbid it?
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Can a wiki for a video game be created without authorization from the game creator?

Consider someone wants to create a wiki (user-editable community site) for Heroes of the Storm. The creator of a wiki site is not necessarily the author of any substantive content on the site, but might choose the logos, styles, initial…
user47165
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When google.com was available to be bought after a clerical error, did they lose their right to own it?

When the domain google.com became available to be bought after a clerical error, it was bought by a man for $12 (http://www.bbc.co.uk/news/technology-34504319). I'm curious to know, because Google allowed their ownership of the domain to expire, why…
Kialandei
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Is it legal to print the Nintendo logo (and trade marks) on retro spare parts?

For old consoles like Game Boy Classic/Pocket/Advance there are no official spare parts available anymore. But there are a lot of unofficial spare parts. Some of them have the Nintendo logo and Nintendo trade marks (like "Game Boy") printed on…
zomega
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Status of a trademarked but public domain work of fiction

There is a series of books published in the early 20th century. Copyright on at least some of them have expired; they are in the public domain, and are being widely republished. However, the descendants of the author have trademarked the names of…
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