Patents & Trademarks Questions for rights

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Looking for Source on Use Rights and Registration Rights Countries

Looking for Source on Use Rights and Registration Rights Countries

In International Trademarks    -  updated on 11/11/2009
I'm trying to determine whether Qatar, United Arab Emirates and Kuwait are use rights or registration rights countries.  INTA's resources have not helped me.  Does anyone know of a site or sites that provide this information?  Thanks in advance

J
International Trademark Infringement / IP rights?

International Trademark Infringement / IP rights?

In International Trademarks    -  updated on 11/11/2009
I launched a website about a year ago selling one single product (for exemple: photo books).
A bigger company located in the UK sent me a letter (from the CEO, no attorneys yet) stating that they own the Intellectual Property rights of this product.
They have been in business many years before me and have partnerships with big US websites. They state owning the IP rights, Copyright, general goodwill, visual effect and use of the term "PhotoBooks". After checking, I do see ...
trademark rights and cafepress

trademark rights and cafepress

In Trademark Disputes    -  updated on 11/11/2009
I own a clothing company that sells exclusively on cafepress.com  This is an online store that produces t-shirts and other items for sale under another persons company name, with the revenue split.  My company owns a trademark that i9s registered and sells items bearing the mark on cafepress.com

My question is, is this sufficient use for my trademark rights to be established?   
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)
Am I violating IP rights or any other rights for that matter?

Am I violating IP rights or any other rights for that matter?

In Trademark Ownership    -  updated on 11/11/2009
I legally purchased t-shirts from internet sites and some from ebay that carried their label and tags still attached.  These t-shirts have the designers logo all over them.  Well I cut up the t-shirts and made them into headbands and listed them on ebay store.  I did not copy or replicate or draw any of the material myself.  I named the designer of the t-shirt and I wrote they are handmade by me using newly bought authentic designer t-shirts.  So that no one is confus...
Use of a creative series vs a single creative work - Who has trademark rights?

Use of a creative series vs a single creative work - Who has trademark rights?

In Trademark Ownership    -  updated on 11/11/2009
Okay...  I'm trying to determine which of the following two companies has superior trademark rights for two very similar products with very similar names.

Company A began selling a single creative work in 2005, but did not attempt to register a trademark.

In 2006, Company B began selling a very similar series of creative works with a source identifier that would probably be deemed confusingly similar to the title of Com...
Trademark registrations don

Trademark registrations don't confer rights?

In Trademark Registration    -  updated on 11/11/2009
I read in an earlier post the following:

"trademark registrations don't confer trademark rights, they merely register trademark rights that exist."

As a Trademark owner on the shape of my product this concerns me.  Could someone explain?

Is the USPTO providing false hope by issuing such Trademarks?

Thanks
Cafepress and trademark rights?

Cafepress and trademark rights?

In Trademark Ownership    -  updated on 11/11/2009
I was planning on licensing an apparel brand whose registered trademark is a three word phrase.  The registration dates back some 12 years and the company has shown substantial sales.  The phrase is widely spoken in the English language, but is unique to my prospective client as a clothing label.

The problem is, I did a search online and discovered a number of companies selling clothing products bearing this trademark, most of which were on Cafepress.  Does anyone kn...
adidas intellectual rights

adidas intellectual rights

In Famous Marks    -  updated on 11/11/2009
  Hello and thank you. I have a question about Adidas sporting apparel. I want to know what makes an NFL jersey protected under intellectual property rights? For instance if I remove the trade logos bearing the NFL insignia and the Reebok logo and any team logo and tags bearing the trade names etc. does this blank jersey made of the team colors then become free of infringement? Like for insta...
Apple Swing, Corporate name/Trademark rights

Apple Swing, Corporate name/Trademark rights

In Trademark Disputes    -  updated on 11/11/2009
For the past fifteen years a group of individuals has been performing as an unlicensed, unincorporated, non DBA music group under the umbrella of a parent NPO, the "NOCB". This unofficial group would perform under the name of "Apple Swing Orchestra" however all funds and checks would be deposited by the NOCB. The individuals performing in the Apple Swing Orchestra never signed a contract of any sort and were never paid for their services.

After many years of unoffic...
Defunct companies and property rights

Defunct companies and property rights

In Expired Trademarks    -  updated on 11/11/2009
Hello!  I have a question concerning now dead companies, their trademarks, product lines and copy rights.

In the case of today's gaming market, small time game companies and publishers come and go.  

What if one of these companies has been dead for about 10 years now, a search of the trademark database doesn't even bring up a dead trademark and any forms of contact result in dead internet links and e-mail bounces.  

How would one step in and claim abandonme...
Trademark rights?

Trademark rights?

In Trademark Ownership    -  updated on 11/11/2009
Scenerio- Company 1. starts using a trademark in Ohio and does business in three surrounding states, then registers the mark.   Company 2. starts business a year later using the same mark in FL and GA but gets refused registration on the basis of company 1.'s mark.

My question, is company 1. given a certain amount of time to expand business into the states of FL and GA and do they obtain rights to the mark in those states because of registration or, does company 2. have the rights...
trademark/patent ? Easiest way to assert IP rights

trademark/patent ? Easiest way to assert IP rights

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

Our small firm has a problem.

We have a patented moderately successful product and a web based
competitor determined to infringe on our patent.  It is laughably
obvious.  So much so that all the major internet resellers refuse to
carry his copy.

More, the infringer only takes $ through p*y**l, but they refuse to
consider patent infringement as a violation of their acceptable use
policy and will not pull the plug on his activity. Go figure.
...
Rights to Manufacture

Rights to Manufacture

In Branding    -  updated on 11/11/2009
I'm in the business of manufacturing gift items such as T-shirt, mugs, keychains.  I was wondering if there was licensing requirements for making and selling items with flags of different countries.  Who would be in charge of that licensing department?

Also, what about making items with pictures of public places like the city skyline.  Would it be ok as long as you only used pictures that you took yourself with your camera?  Or would you need permission from the cit...
who

who's the legal rights? First use or registered?

In Trademark Ownership    -  updated on 11/11/2009
Hello,


I work with a small health organization. There is a giant   health organization in Chicago has  a big party called "XXXXXXX".

My organization does not agree with them. We have  a program called "XXXXXXX" Same trademark. We fight against them.

Three years ago, we filed  the trademark "XXXXXXX" with the state of Illinois. We are the owner of the trademark "XXXXXXX" in Illinois.

We filed a few week...
expired registration rights

expired registration rights

In Trademark Ownership    -  updated on 11/11/2009
I have, for the some years, under contract, been licensed by a corporation, and pay a royalty to them, for use of some their  older trademarks on collector type items. I have now found that, even before they began licensing  their  use, that one trademark they had allowed the Federal trademark registration to expire under Section 9 of  15 USC. Another trademark registration expired under Section 9 during the time they were collecting royalties under contract. My question i...
Trademark rights???

Trademark rights???

In Domain Names    -  updated on 11/11/2009
Hi,
I recently purchased a domain name (three months ago.  The deal included that the former owner still be a partner in the company.  He has owned the name for over two years and has marketed the name for the same amount of time.  I will use www.notunderstanding.com as an example.  If I have marketed and advertised as www.notunderstanding.com AND ...
Character Rights in Narratives

Character Rights in Narratives

In Trademark Ownership    -  updated on 11/11/2009
I hope this question is being asked in the proper forum. With the recent release of the film version of The Da Vinci Code, it got me thinking about character rights. Dan Brown created the character Robert Langdon, who is the main character in the book and movie. When a writer creates a character that is initially in a novel or short story narrative, he or she owns the rights to that character. How does this work? Does the copyright of the book act as some sort of 'trademark' so that another a...
Rights of the creative artist.

Rights of the creative artist.

In Trademark Ownership    -  updated on 11/11/2009
I take part in open competitions for logo designs for startup companies mainly, on an internet site.  What are the restrictions that I am under as far as including the designs in my portfolio.

I've been told that without the explicit permission of the firm or individual holding the contest, I may not include them.  This was by someone other than any of the contest holders I've worked with.  I feel inclusion in my portfolio is the right of the creative author.  By in...