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22 comments, last by Kylotan 7 years, 5 months ago

Thank you for te explanations of different tredemark categories.

I have one more question.

I have come to idea that I bypass all trademarked terms by simply changing the word (deforming it).

so the word is registered in the same sektor I want to use it.

but if I change it for example add a letter or remove one or add two letters and change one or in my case the word is to be used as a "racename" in my movie so I could add an apostrophe (') in the middle of the word, or change it in simmilar way so that the word looks different but sounds almost the same and it has a sense (so it's not the senseless combination of letters).

I searched USPTO for original word and it is registered in multiple sektors than I change it and The new word is not registered anywhere.

I also search the google for a new word and it didn't find anything.

can I avoid being sued for using the original trademarked word?

Does this way of using registered trademarks counts as a violation of Intellectuall property?

if no than It should be safe or could I still get legal problems?

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This lawyer says that "Spelling variants are usually considered equivalents in trademark law." - http://www.noreklaw.com/mythstrademarks.htm

And this Quora answer says much the same.

You will not be safe, and can still have legal problems.

Thanks for the answer!

another question not related to any question I asked It is related to Intellectual property though.

I saw there are many FAQ documents for games (walkthroughs, etc.)

So I want to create my own walkthrough to help other players.

It would be a fan-made non-commercial walkthrough.

my question is do I need the developer's permission for writing and submitting such document?

And if I submit it without permission can I get C&D to remove the document?

the walkthrough will not be submitted on my website I want to submit it on other website like https://www. gamefaqs.com/.

It's hard to say, but it seems unlikely that permission is needed.

But - and we've said this several times in this thread - it is ALWAYS possible for someone to send you a C&D. No matter what you do. All that differs, from case to case, is how likely they are to do that, and whether they're likely to succeed if it ends up in court. You just need to decide how much risk you can tolerate.

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