Why you need a lawyer #2: The use of the mark on the internet can be a bit tricky when determining the appropriate geographic region you retain common law trademark rights in. So if you have a business in California, but someone else has a business in Nevada, you would only be allowed to keep using your mark in California, but you would be prohibited from expanding your use of the mark into Nevada. ![]() This protection however, is very limited it only protects you within the geographic regions in which you used your mark in commerce. The rights you get from first use are called "common law" rights. I don't really see a situation where i would shut down someone else's channel, but if i did get big enough and didn't buy the trade mark and someone else bought it, how far does the trade mark go? Can they force me to change my names or just strait up DMCA and ban me off youtube/other platforms?įirst, I believe California has a first use rule for trademark rights, which means the first person to use the mark in commerce can defeat a later filed registered trademark.Also you may potentially leave yourself at risk for another person to file the same mark in one of the classes you originally missed, and therefore loose the right to that mark in that particular category. If you either choose the wrong ones or forget/miss some in your initial application, you will have to spend extra money correcting the application to cover the appropriate classifications. Why you need a lawyer #1: The process of choosing the right classifications can be very confusing and time consuming. Technically yes, however Trademarks are specific to the specific classification of goods/services you designate during the application process. Would a trade mark of my YouTube name cover names for other platforms on the internet such as twitch, twitter, Instagram?.The process of registering a trademark can be very complicated and if done incorrectly, very costly. ![]() ![]() While we do not accept donations or payment of any kind, we strongly suggest that you support Legal Aid and other public service legal organizations either by donating directly to the Legal Services Corporation or finding your state or local Legal Aid office and donating to them.Ĭontact the subreddit moderators with questions, comments or concerns.įirst, yes you should absolutely get a lawyer. See our list of megathreads before posting your question.įor a list of other location-specific legal subreddits, such as the United Kingdom, Ireland, Australia, New Zealand, France, Canada, Mexico, The Netherlands, or the EU please see here.įor a more relaxed and humorous meta discussion of the 'legal' advice offered elsewhere on Reddit and the posts here please visit Bestoflegaladvice.įor discussion of hypothetical legal questions, or other off topic law related questions please visit Legaladviceofftopic. Get answers to our most common questions, pointers to other sites about the law, and information about finding a lawyer of your own at the /r/legaladvice wiki. READ OUR RULES before posting or commenting. See a local attorney for the best answer to your questions. ![]() Advice here is for informational purposes only and should not be considered final or official advice.
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