Is &quot;swiss army knife&quot; a protected trademark? I want to create the slogan for my library (in the programming, the library is distributable pre-made code for reuse) like &quot;The Swiss army knife for type-safe TypeScript programmers&quot;). But can I use the &quot;Swiss army knife&quot; so simply? Is it the trademark?
&quot;Swiss Army Knife&quot; is indeed a trademark. Indeed, it is a very special trademark, because after the last of the Geneva Conventions was adopted, the use of the Swiss insignia used in the Swiss Army Knife's trademarked logo was prohibited except for grandfathered trademarks such as the one you identify. But use of a trademark is infringing only when it is used in connection with the sale of a good or service to imply that the good or service sold is endorsed by or affiliated with the owner of the trademark. In the context you describe, the trademark is not being used in that fashion, and so it is not infringing.
What are exactly the legal consequences of "All rights reserved"? Almost none. You have to explicitly grant copyright rights. You don't even need the Copyright notice for them to apply. My "almost" is because the notice makes it harder for somebody to argue "they didn't realize". Do I still need an additional SW License Agreement or is the Copyright notice above + a Disclaimer of liability sufficient? If this is free software (I know you said it isn't), do yourself (and everyone else) a favour by picking a license you like. Preferably either GPL or MIT (depending on your taste). There are far too many free licenses already. Please don't add another. (It also makes it much easier for any user of your software: "Oh yeah, GPL v2. We understand that. We can use it." as opposed to "What are the implications of using this one??" As this is not free software, I think you need a paid-for lawyer (who understands IPR in your juridiction.) Edit: In principle, I believe you don't need anything. The code is copyright, so the customer can't do anything with it (without explicit permissions that you haven't granted). However if the customer doesn't realize that or thinks you won't mind, you then have to go to court to enforce your rights (and probably end up with a disgruntled customer). A short, clear, license will make it clear to the customer what they are allowed to do, and save all that aggravation.
Band names usually are trademarks. For Example AC/DC is trademarked in the US for Auto parts (REG: 5849299) Music, Picks and Bags (REG: 86551440) and pretty much any other thing used as merchandize (REG:75982466). Oh, and they are a famous mark with their AC-thunderbolt-DC. Not every band does go out and pay trademarking fees and register their trademark, but in the united-states they are not obligated to! They use their name in the marketplace, they possibly have their own merchandize, so you infringe on their market. Other countries have different rules, for example germany has the &quot;first registered&quot; rule - whoever registers a mark first gets it exclusively, no matter who registers it.
No. A trademark is specific to an industry or type of products or services. And, while it is virtually impossible to get a new trade name with a three letter acronym because almost all of them are taken, three words that start with the same letters as a three letter acronym is not infringement on the acronym. You might very well be infringing if you used &quot;I.B.M.&quot; to sell computer equipment. But, &quot;Internal brilliance method&quot;, spelled out, would not infringe I.B.M., even in the computer equipment industry, and &quot;I.B.M.&quot; in the food service industry, for example, would not be trademark infringement on the International Business Machines&quot; trademark of &quot;I.B.M.&quot; for good and services of the type that it offers.
Yes, such a site can be created without infringing copyright Facts about the game are facts.They are not protected by copyright. Criticism of, and comment about the game, is an activity protected by the US First Amendment. Making such comments is very likely to be fair use under US copyright law. In general the author of a work, such as a book or a game, or the maker of a product, has no right to grant or withhold permission to discuss or comment on the work. This is true not only under US law, but also in the law of most countries (perhaps of all countries). The name of the game might well be protected as a trademark. But that does not allow the trademark owner to prevent discussion of the game, clearly identified by the name of of the game. As long as nothing is being sold or rented, or advertised for sale or rental under that name, and there is no attempt to claim that the site is sponsored or approved by the trademark owner, and there is no likelihood of confusion, there is no trademark infringement. This is true under US law, and under the trademark laws of most other countries. A wiki is a specific technology. It can be used for community discussion, or for a company's internal documentation, or for any of many other purposes. Wikipedia has popularized this technology. Not all community discussion sites are wikis, however, nor are all wikis for community discussion. Just as not all novels are books printed on paper, and not all books are novels. In any case, setting up a wiki about a topic such as a game, a movie, or a novel does not require permission from the owner or creator of the game or of any trademarks associated with the game or work. The same would be true for a discussion forum about such a game or work that is not a wiki. If a wiki uses excessive quotes from game dialog, or uses the game's logo without permission, or reproduces other game assets, such as character art, maps, and the like without permission, that might be copyright infringement.
No, it is certainly not legally safe to sell a shirt with such an image printed on it. There are two compatible facts to consider: Wikipedia is correct that the image is not covered by copyright in the United States. The image is likely protected by trademark law, which Wikipedia also notes, directly under the public domain information: This work includes material that may be protected as a trademark in some jurisdictions. If you want to use it, you have to ensure that you have the legal right to do so and that you do not infringe any trademark rights. Copyright Copyright provides a monopoly on the reproduction of creative works, but copyright only applies to sufficiently creative works. In cases such as these, Wikipedia is expressing the opinion that the work in question is too simple or too utilitarian to meet the threshold of originality and/or creativity for copyright. For the U.S. specifically, consider 37 CFR 202.1 which enumerates some categories of work excluded from copyright protection: The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: (a) Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents; [...] (e) Typeface as typeface. Category (a) excludes the word &quot;Marvel&quot; or &quot;Nirvana&quot; from copyright protection, while category (e) excludes the creative choices that went into the styling of the text. (Note that fonts -- the software that creates/renders a typeface on a page -- are copyrightable in the U.S., but a font's &quot;output&quot; of typefaced text is not similarly protected.) Therefore, in the U.S., that &quot;Marvel&quot; image is likely not copyrightable, since it is just a single word with a particular stylized typeface (the use of which does not make it copyright-eligible either). This may be different from other jurisdictions, some which do recognize the use of the typeface as protectable element under copyright. Trademark Trademark law is a completely distinct area of law that applies to the use of logos, phrases, and other elements to identify a vendor in commerce. The words &quot;Toyota&quot; and &quot;Camry&quot; are not eligible for copyright protection, but the government affords the Toyota Motor Corporation a monopoly on the use of those words to identify the source and model of a car. If you built your own car and tried to attached the name &quot;Toyota Camry&quot; to it without their permission, you would be liable for trademark infringement. Similarly, logos that are too simple to qualify for copyright may still be covered by trademark law, if the company has registered them as trademarks or otherwise uses them distinctively in trade. This is likely the case here. If you put that rectangular Marvel logo on a shirt, you would be misrepresenting your product as being authorized by Marvel Entertainment and be liable for trademark infringement.
All the CC licenses permit anyone to use the licensed content, and to make copies of it for others. Some of them permit using it for commercial purposes, others (the ones including the -NC- clause) do not. Some CC licenses permit creating modified versions of the original work (derivative works), others (the ones including the -ND- clause) do not. I do not know of any standard license which allows users to create and distribute derivative works, but not to distribute the original. The license used by Project Gutenberg permits re-use and re-distribution, but if a fee is charged beyond recouping expenses requires the removal of the PG name and logo. One problem is that if derivative works are allowed, this would include works which are only trivial modifications to the original, which would have the effect of allowing distribution of the original. If the main concern is about commercial sales, possibly a CC-NC-SA license would effectively serve the purpose? That allows redistribution, including of derivative works, but forbids commercial reuse or distribution without separate permission, and requires all redistribution to be under the same license. Otherwise a new license for this situation might have to be created. It is often a good idea to have the assistance of a lawyer with IP expertise in creating a new license, or the wording chosen may have unexpected effects or include unintended contradictions. Or one could simply place a basic copyright notice along with text such as "Modified versions may be created only with permission from the author. Request permission at work-permisisons@example.com". However, if the work proves popular, there might be a large volume of requests.
I'm not sure about USA law, it's probably similar to UK law. In the UK a trademark is registered for a particular business activity, and you can't just blanket register for "all" activities as that would be anti-competitive. I have a trademark "Dreamcraft" for dream interpretation and related activities. However, the name "Dreamcraft" is also a registered trademark for a company selling luxury yachts, and again for a company selling up-market craft materials. A website or organisation that is a gripe-site using the same name would not be in breach of any of these trademarks because it wouldn't be in direct competition with any of these companies.