Is an edited version of a trademark covered through the original trademark in the UK? Is a shortened or edited version of a trademark covered by the initial trademark. Take the following for example: If someone were to use this name or logo while removing the 'studio', would this be in violation of the trademark? I ask this in reference to a scenario in the UK with a UK trademark, although I'm aware that there may be an international standard for this.
Trademarks protect against consumer confusion. Ask yourself if a consumer seeing that image with the &quot;studio&quot; portion removed might think that the altered image represents the same company as the original image. Of course, the answer will be &quot;yes.&quot; But in the end it also depends on how the trademark is used. You've used the original image in the question; have you violated the trademark? No. Do you violate Tesco's trademark when you say &quot;I went shopping at Tesco&quot;? No. Do you violate their trademark when you sell food using the name &quot;Tesco&quot;? Yes. A distinctive graphic design such as this will also be protected by copyright, so you will also have to consider whether your intended use infringes copyright.
Does the registrant still have common law rights over the mark? Maybe. According to Yospin Law, Just because a mark is listed as “dead” at the USPTO, does not mean it is available to use without registration, or to register. It’s possible that the registrant of the trademark abandoned the federal trademark registration, but is still using the mark – and so still has common law trademark rights. Does this mean the registrant can never register this mark again? No. It does not mean the trademark can never be registered again. However, a new application for registration of the mark must be made. This registration is completely separate from the previous one - it's effectively registering a new mark that happens to be identical to an old one, without the problems that would normally cause. Can another entity register this mark for the same purpose? Possibly. If it remains in use under common law rights, you would face an uphill battle to successfully register it for yourself. If it is truly abandoned, you can apply for registration, but as Beth Hutchens discussed, this is not a simple matter of filling out the form and celebrating your new acquisition. Here is a handy brief summary, but for any actual case, your first step should be to consult a patent and trademark attorney, particularly one experienced in the jurisdiction you intend to use the mark in.
A proof can be protected by copyright. The underlying facts of math cannot. But if one has copied details of the order of the proof, or of the selection of theorems to use, and if several other choices would have been possible, then the new proof may constitute a trivially modified copy, or a derivative work, and in either case making of it might be copyright infringement. However, making and distributing a copy, even with no changes at all, for purposes of comment and criticism, might be fair use in the US, fair dealing in the UK or some other parts of the Commonwealth, or fall under an exception to copyright in other countries (these generally vary significantly by country). This is usually a very fact-driven question.
Under US law: It depends, but it is likely legal. Trademark is designed to prevent confusion in consumers, to avoid someone's good work and reputation from being taken advantage of by another, and/or damaged by another's poor work/service. The game's name and character names are (generally) not trademarked, nor are they copyrightable. Even if they were, there is nominative fair use to consider as a defense. There are still some legal issues that might occur (e.g. this does not apply to the novel's name; using the game's logo on cover art might constitute trademark violation if it was so positioned as to be associating a relationship with the game publisher, descriptions of the game's content, especially story content, is a bit hazy), but not with using the game name or character names.
Copyright is irrelevant, because names are not protected by copyright. Trademark is relevant: a name can be protected by a trademark. &quot;Yoda&quot; is a registered trademark owned by Lucasfilms, a subsidiary of Disney. There is a list of goods and services where the property right is asserted, so for example you could get sued for peddling art books under this name. It just depends on what your business does. For instance, a plumbing business isn't competing with Lucasfilms w.r.t. that class of goods and services.
We can't tell you if you can do that or not, because that would be specific legal advise. You should consult an attorney who specializes in trademark law to get an estimation of how risky it would be to use that name. So I am just giving you a couple general pointers. Names are not protected by copyright, but by trademarks. The purpose of trademarks is to prevent consumer confusion. They are supposed to prevent someone from selling a product under a name which consumers might mistake for official merchandise of someone else. Media companies in particular tend to be very protective of their trademarks, because merchandising is often one of their main sources of revenue. And they don't want to share that revenue with people creating knockoff products. Also, they must fight for their trademark in court, because when they only enforce it selectively, then they risk that a court will consider the mark so widely used already that it is no longer worth protecting. But the show is from the 1950s. Is the trademark still protected after all that time? Maybe. There are registered trademarks and unregistered trademarks. Registered trademarks, which usually but not always are followed by an &quot;®&quot; symbol, need to be renewed in regular intervals. So if someone still pays for the renewal, it might still be a protected trademark. Unregistered trademarks, which usually but not always are followed by a &quot;™&quot; symbol, are protected as long as they are &quot;used in commerce&quot;. Which means that if the IP owner of that show still sells products branded as &quot;Winky Dink and you&quot;, they can probably still claim unregistered trademark protection. In order to find out, you would need to do your own research or pay your attorney to do a trademark research for you. Are your proposed names even a trademark violation? Perhaps, perhaps not. That's for a court to decide. Personally I think that &quot;Winky Dink and Me&quot; is more infringing than &quot;My Winky Dink Syndrome&quot;, because the first is a lot closer to the original name and brand image, giving it a higher likeliness of causing consumers to mistake it for an official &quot;Winky Dink and You&quot; product. But that's an argument you got to make in court. Estimating the chance that the judge will side with you and how much in legal costs it will take you to get to the point where you are even going to have the opportunity to make that argument is a job for your attorney.
No This summarizes the situation with Disney specifically. The Disney trademarks are so ubiquitous and recognizable as being Disney's and not, for example, yours that your use is bound to create confusion in the minds of the public that your business is in some way associated with Disney. That is the essence of trademark infringement. In particular, where your business has nothing to do with the characters it is clear that you are only using them for the cachet of the Disney reputation. Disney will defend their trademarks - this is not at all unlikely.
The use may constitute trademark infringement if it implies sponsorship or endorsement I'm going to assume US jurisdiction for this question, because you've not provided one, and you haven't provided enough car manufacturer names to suggest that this wouldn't apply to the US. I'll also only cover Federal law (the cases were tried in state courts), so be aware that there may be additional responsibilities under state law that I don't examine here. 15 U.S. Code § 1114: (1) Any person who shall, without the consent of the registrant— (a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or (b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. 15 U.S. Code § 1125: (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. These actions - the use of the trademarked manufacturer logo within the app - is likely to constitute trademark infringement, if the trademark owner's permission is not sought prior to publication, and the use of the trademark is likely to cause confusion as to the source, sponsorship or approval of the goods. What this means, is that if the trademarks are used in such a way that a reasonable person is likely to think that: The product is an official product from the owner/brand associated with the trademark; The product is sponsored by the owner/brand associated with the trademark; or The product is approved or endorsed by the owner/brand associated with the trademark. Then an action in trademark infringement may be brought by the trademark owner. Consider the following two cases: Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir. 1961) In this case, judgement was made for the defendant, as the defendant's field was not considered close enough to the plaintiff's for there to be a likely chance of confusion. AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979) In this case the trial judge decided that the trademarks Slickcraft and Sleekcraft were unlikely to cause confusion. This ruling was overturned on appeal and an injunction was ordered by the court. Possible defenses Nominative use of a mark When a mark is used solely to identify a product, this use is privileged. A descriptive mark used for its primary purpose Descriptive marks are a subtype of trademarks, which are descriptive in nature but have acquired a secondary meaning. Here, using a descriptive mark for its primary purpose has been found not to constitute infringement. General First Amendment protection Satire and parody are generally recognized as defenses if the primary purpose of the use is not directly commercial. If the products are not similar enough to be likely to cause confusion; and The use does not imply endorsement, sponsorship or approval of the product by the trademark owner then it should be fine. It seems that the situation in the question above would not give rise to confusion (unless the car manufacturer also develops an app, for instance), the second issue - endorsement - should be avoided. Many programs will have a legal section that includes ownership information and disclaims any association with the trademark owner(s). I have not been able to locate any cases where the effect of these sections have been tested. Further reading Overview of Trademark Law