Trademark Law and Infringement

Basically, I am starting a business and there are two companies that already have the name that I want to use. One company explicity states that their name is a registered trademark on their site. I am sure that the other company does too. One company is a Dutch IT firm and the other is an international nightclub with locations in St. Barth's, New York City and the Hamptons. My company will be in a completely distinct and different industry. What I want to know is, can i register my company (as an official trademark) using the same name given that it is in a different industry. Is there a good chance that they will try to sue me if they find out about my company name? I am more worried about the nightclub than the IT people but both pose a threat clearly. I have read companies can have the same registered trademark as long as they are in completely separate industries. Is this true? If so, what are my chances of incurring a lawsuit?

Reseaching a New Business Opportunity

I have an idea for a business but need to discuss with subject matter experts, potential clients, potential partners, etc. Is there anything I can do to protect myself from having my idea stolen by one of these contacts?

Property

If my prperty is only in my name and I pass before my husban, does he have any legal rights to the property. I have no will.

Possesion

I let someone I knew come to live with me,she moved aout abruptly on 04/13/2007,she said she would be back in a mont to get her things ,as of today her things are still in my place taking up space. I sent her an email yesterday asking her when she would come get her stuff and she cursed me out in the email and told me to sell it if bothers me that much. What legal rights do I have?

Using Prayers on Products

Can I use the AA Serenity Prayer on a

product like a bookmark , T-shirt or

magnet that will be sold? On another

note, what about other prayers and

religious passages used in the Bible?

Software Concept Protection

I am a software developer who created a piece of software which has been popular with others in testing. A company has approached me so they can hire me in order to develop this idea solely for them. I'm considering asking for a % of sales, but if they balk and I turn them down, I wonder if they can just have someone else work on the idea they received from my program. They also liked the ''look'' of my program, so if I didn't work for them, I imagine they would try to mimic the look and feel as well. Would this be legal?

Copyright infringement

Hi,

The New York Times quoted a woman, a non-public figure, who spoke to a Times reporter about her doctor acting unethically. I�d like to use that quote for an article I�m writing for a national magazine. If I attribute the quote to the woman but not to The Times, would I be infringing on The Times� copyright?

Thanks.

Domain Ownership

I volunteered to do a website for a non-profit, government ran tourist attraction, for which I never took payment. I paid and registered the domain myself. We never signed anything on paper, but verbally their minutes reflect that I was ''given the authority'' to register the domain. The domain itself does not reflect upon the name of the organization, but is a very generalized domain name which does not infringe on any copyrights.

Now as I renewed the domain for a third year, they wish to change webmasters. I explained to them that I owned the domain and it would not be handed to a new designer. I was told that I was ''acting as an agent'' for them when I registered the domain, and that it belonged to them.

However one year ago, it was explained to them that I owned the domain and it is reflected in their minutes that they understood but wanted to change this. We never made that change, and now I don't plan to unless I am required to by law.

Any opinions?

Trademark non use

I found a trademark I'm interested in registering, but another company has it. However, they haven't been using it for 6 years -- is there something I can do about that? The trademark is still alive, but the company was bought-out and they're not offering services that uses that trademark name any longer.

I can tell they haven't used the mark is because this is an internet-based business. Checked PR, news, etc on this TM. Plus, the TM isn't on their site anymore.

I'm aware of the need for registration owners to file affidavits of use at the 6th and 10th year anniversaries of trademark registration, and at every succeeding 10th year registration anniversary thereafter in conjunction with an affidavit requesting renewal under Section 9, and that if those affidavits are not filed, the PTO will eventually mark the registration as cancelled.

And that a 6 month grace period to file following the original use/renewal filing deadline is also granted, and that the PTO often waits an additional 6 months (for a total of a full year after the use/renewal deadlines) to make sure that the registration has truly been abandoned before listing it as cancelled under Section 8.

Overseas Deposition

I am a pro se litigant in a case under Federal Rules of Civil Procedure (Trademark Trial & Appeals Board). I want to take a deposition on written questions from a (friendly) witness overseas. I do not fully understand the part about the questions being answered ''Before a person authorized to administer oaths.'' Does the person merely answer the questions (and opposing party's cross-examination questions) and have the answers notarized? I saw something somewhere about answering them before a U.S. Consular Official. The TTAB seems to be moderately tolerant of pro se litigants and minor variations in procedure, but I want to handle it correctly.

Trademark

Can a corporate name, ie. ''Plant Inc.'' be trademarked?

interlectual property

I stupidly signed a contract/agreement with a company that markets (as their own) a supercharger kit that I designed,fabricated and make all of the parts for. It is a toyota tacoma V6. They are now trying to stop me from marketing another supercharger kit for a different vehicle made by the same manufacturer (toyota tundra V8 ) They have no financial stake in the second kit and provided no assistance to me during development. Can they claim my invention as their own and legally stop me from marketing the second kit.

Trade Dress

Hello, my wife has a small on line business selling handmade soap. She molds soaps in many different designs and shapes. She received a letter from a attorney that suggested that one of her designs/shapes was infringing on their employee's ''Trade Dress''. The shape does resemble the the item they indicate but has no direct link to this item. After she received this letter she removed said item from her website and sent an email stating the item was removed from the site and would no longer be listed for sale. She also called by phone and they told her they would respond when they decided how they would settle the case. After two months (yesterday 5/21/07) she received by certified mail a letter that stated: She was in violation of ''Trade Dress'' and is required to pay $500.00 to cover their (the attorneys) costs. The shape is a very generic shape. The letter she received said the offer to settle ($500.00) is open until 6/6/07. If they have not received this money by then they will proceed with an action against her: $100,000.00 for each infringement plus court costs and other fees. Her business is very small, home based. She is the only employee. The company the attorney represents is a huge company that all would recognize. Thanks.

fraudulent power of attorney

i was sick wife had me sign a paper which i thought was for hospital but turned out to be power of attorney papers 5 days later my bussiness was signed over to my landlord for money that was borrowed to her without my knowledge then she moved out of state this was done by with the agreement of the landlord whom told me i was suppose to die in 5 days do i have a case to get property or money back this happen in oklahoma i now live in wi

Patent litigation.

Could you please give about three examples where patent litigation dragged on for years and laboratory notes became very important?

Prayer

Are prayers copyrighted? For example, a litany, a novena, a prayer of any type that seems to have been passed down or distributed widely.

Law Firm Website

I am graduating from law school and wanting to open up my own law firm. I plan to practice in a very specialized federal law field. Can anyone tell me how to find a good website designer who specializes in search engine optimization to build my website? Thank you!

Quotations

Under what circumstances can I use a quotation from a popular song on a screen printed t-shirt created for re-sale? Is it legal as long as it is a line that is in the public consciousness, or if I cite the source or only if I obtain prior consent from the artist?

Photo rights

What rights does the professional photographer have on graduation photos? Do they have the right to watermark a persons image to prevent that person from making copys of themselves?

Filing for Trademark

I am planning on starting a gift basket business in South Florida, I have searched Sunbiz.org and 1 of the names I would like to use is not yet registered as a corporation in the state. I then took that name and went to USPTO.gov and did a trademark search for the name and found no current registered trademarks. I then went to look for a web URL and found that a few companies with the same name exist in other states, it appears they are offering national shipping so they may have done some business in the state although it seems unlikely given their locations. Due to the nature of the business I have no issue sharing the name with companies as far away as they will be but I am wondering if they have not registered a federal trademark will I be able to do so to protect myself in the future, or will they be able to come after me if they are in another state located 1000 miles away?