Just a quick question on trademark infringement. I saw a lot of Pillow and Cushion company, uses famous trademark logo on there Cushion to sell, are they infringing the logo trademark? Like we see a lot of facebook, google logo cushion.
so im curious would two people who review food one has protection on the name that is used but the method for getting this information is completely different for instance one is an app the other is a youtube video in the video you watch them eat the food and then give a review on camera while the other is only on an app with text and maybe a picture of the dish would that be trademark infringement even moreso if the video is a video series that possibly predates the company that owns the app
17:23 i wouldn't say so. Priority is not simply a claim to invoke the proprietors rights against the later mark. Were the latter mark has acquired in the market and possibly made better businesses, is more known to the public, e.g. the later mark may overcome those claims relating to priority.... think of one using a mark HELLOdog for dog food and within 10 years the company made few exports.. If a later tm uses the same name and has been on the market, say, for a year, however with significant profits, it is likely that the later mark will overcome those claims relating to priority..
Of course, I don't have all the details so I really can't provide much insight here. If you would like to email me -- erik at erikpelton dot com -- some more background and a copy of the complaint, we can discuss the options available. Thanks.
I have a question about what can be trademarked. Its in regards to synthesizer presets/patches. If I create my own preset/patch on a synthesizer and later want to sale my creation... is this preset trademark able? Can you trademark sounds you create on a synthesizer?
+Mister Groove Sounds can potentially be protected trademarks if they identify the source of a product or service. For example, the sounds that "Siri" makes when being used on an iPhone are registered. The sounds of the NBC chimes are registered. If you are creating music and selling it as music, that might not be a trademark. It is essentially a brief song or tune. There might be copyright protection available. But I would need to understand more before providing any actual advice.
Erik...thank you for your response... What I was attempting to get at in my question was... I created my own preset sound on a synthesizer (microkorg synthesizer) and I wanted to legally protect the preset I created, can this preset be protected in such a way?
I am the owner of the trademark Texas Pet Rescue and have asked Texas Pet Rescue Emergency relief to stop using my trademark without my permission and I am being ignored what is my next step to get this issue resolved
Talk to a Texas attorney about whether you have a possible claim in court, and whether it would be worth considering litigation or other alternatives to find a resolution.
So if I make a youtube video that contains a logo that is trademarked, would I get a trademark infringement? For example if I am wearing a Superman T shirt ,with the Superman trademarked logo, would that be considered a trademark infringement?
+DA THUNDAPOWAZER thanks for watching and for your question. The answer is not black and white. It depends what kind of video. "Fair use" allows for us of trademarks or copyright in some circumstances without permission or payment. But if the video is going to be commercial and make money, then there is a possibility that you would need to get permission and rights to display someone else's brand. You may notice a lot on reality TV shows they don't use shirts that have logos on them - or when they do, they are often blurred out for this reason.
ive picked out a name for future Clothing line and make up line and name i made sure no one had the name and used every email (ymail, yahoo. hotmail, gmail also social medias such as instagram twitter tumblr facebook and snap chat ect ) so no one steals it i used it for my fb name and someone used my name for thier painting and making profit off it she deleted me before posting her painting using my name very close in likeness od my name only difference it she changed a tad bit instead of using kittie she put Le tigre (still a cat hahah) but its still stealing my name what can i do i need to trademark it and somehow sue for using my name with out asking and making profit off of it what company can i used i searched cheap trademarks and your video appeared i watched no im more confused what can i do
TM support is not honored by YT. YT does not respect govt filed documents. YT is a government itself. YT asks for documents and sumnarily proceeds in ignoring them in their petition form
This is great information to enhance understanding of this topic for my advanced entertainment course at Full Sail University. I will be sharing this information with my classmates on our discussion board this week. Thank you Erik & Mark for your contribution to education! This substantially augmented our course text and other resources and helped be better understand trademark dilution. You are invited to read my blog post at queenstrue.blogspot.com.
Ok if I use a screw driver case with the company name on it .. and i make hold something else and sell.. now am I breaking the law?
Just a quick question on trademark infringement.
I saw a lot of Pillow and Cushion company, uses famous trademark logo on there Cushion to sell, are they infringing the logo trademark?
Like we see a lot of facebook, google logo cushion.
thanks very much, most interesting talk
so im curious would two people who review food one has protection on the name that is used but the method for getting this information is completely different for instance one is an app the other is a youtube video in the video you watch them eat the food and then give a review on camera while the other is only on an app with text and maybe a picture of the dish would that be trademark infringement even moreso if the video is a video series that possibly predates the company that owns the app
17:23 i wouldn't say so. Priority is not simply a claim to invoke the proprietors rights against the later mark. Were the latter mark has acquired in the market and possibly made better businesses, is more known to the public, e.g. the later mark may overcome those claims relating to priority.... think of one using a mark HELLOdog for dog food and within 10 years the company made few exports.. If a later tm uses the same name and has been on the market, say, for a year, however with significant profits, it is likely that the later mark will overcome those claims relating to priority..
I have trademark complaint received against my TH-cam channel. How can I solve that ? please help
Of course, I don't have all the details so I really can't provide much insight here. If you would like to email me -- erik at erikpelton dot com -- some more background and a copy of the complaint, we can discuss the options available. Thanks.
I have a question about what can be trademarked.
Its in regards to synthesizer presets/patches. If I create my own preset/patch on a synthesizer and later want to sale my creation... is this preset trademark able? Can you trademark sounds you create on a synthesizer?
+Mister Groove Sounds can potentially be protected trademarks if they identify the source of a product or service. For example, the sounds that "Siri" makes when being used on an iPhone are registered. The sounds of the NBC chimes are registered. If you are creating music and selling it as music, that might not be a trademark. It is essentially a brief song or tune. There might be copyright protection available. But I would need to understand more before providing any actual advice.
Erik...thank you for your response... What I was attempting to get at in my question was... I created my own preset sound on a synthesizer (microkorg synthesizer) and I wanted to legally protect the preset I created, can this preset be protected in such a way?
I am the owner of the trademark Texas Pet Rescue and have asked Texas Pet Rescue Emergency relief to stop using my trademark without my permission and I am being ignored what is my next step to get this issue resolved
Talk to a Texas attorney about whether you have a possible claim in court, and whether it would be worth considering litigation or other alternatives to find a resolution.
So if I make a youtube video that contains a logo that is trademarked, would I get a trademark infringement? For example if I am wearing a Superman T shirt ,with the Superman trademarked logo, would that be considered a trademark infringement?
+DA THUNDAPOWAZER thanks for watching and for your question. The answer is not black and white. It depends what kind of video. "Fair use" allows for us of trademarks or copyright in some circumstances without permission or payment. But if the video is going to be commercial and make money, then there is a possibility that you would need to get permission and rights to display someone else's brand. You may notice a lot on reality TV shows they don't use shirts that have logos on them - or when they do, they are often blurred out for this reason.
Very informative thank you very much.
ive picked out a name for future Clothing line and make up line and name i made sure no one had the name and used every email (ymail, yahoo. hotmail, gmail also social medias such as instagram twitter tumblr facebook and snap chat ect ) so no one steals it i used it for my fb name and someone used my name for thier painting and making profit off it she deleted me before posting her painting using my name very close in likeness od my name only difference it she changed a tad bit instead of using kittie she put Le tigre (still a cat hahah) but its still stealing my name what can i do i need to trademark it and somehow sue for using my name with out asking and making profit off of it what company can i used i searched cheap trademarks and your video appeared i watched no im more confused what can i do
excellent video!
Do you guys do litigation?
In some instances, yes. Feel free to visit erikpelton.com and click "schedule a free consulation" if you want to set up a time to discuss.
Do you have an email, I have a case I would like to get your opinion on.
Yes. Please see www.erikpelton.com/connect/
Erik Pelton what’s the email
@@ifimakeit erik at erikpelton d-t com
A must for info on "Trademark Infringement" - listen to the whole video.
TM support is not honored by YT. YT does not respect govt filed documents. YT is a government itself. YT asks for documents and sumnarily proceeds in ignoring them in their petition form
It deserves watching. Khaled M. Abdulatif
thanks for sharing your VDO
This is great information to enhance understanding of this topic for my advanced entertainment course at Full Sail University. I will be sharing this information with my classmates on our discussion board this week. Thank you Erik & Mark for your contribution to education! This substantially augmented our course text and other resources and helped be better understand trademark dilution. You are invited to read my blog post at queenstrue.blogspot.com.