Crickets to Cha-Chings

173. Your Trademark and Copyright Questions Answered by an IP Lawyer


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Laura Winston, Principal and Chair of the Intellectual Property Practice Group at Offit Kurman, answers your questions on common trademark and copyright issues Etsy sellers face.

Note: This is not legal advice. Please review your own situation with professionals.

Questions covered:

  • How do I search on the USPTO web site and understand the results?
  • Is the word FRIENDSGIVING trademarked?
  • Can I use a song title on a t shirt or baby shower bundle of products?
  • What about song lyrics?
  • How about an illustration of a famous pop star?
  • Is parody on a song title allowed? What about a t-shirt that says "In my Swiftie era"?
  • Trivia games – can you use the names of songs? Artists? Candies?
  • Can you use a picture of a candy to show how a printable works with that candy?
  • Can you sell reproductions of vintage art?
  • Let's talk about Winnie the Pooh. Can I use this image in my product?
  • Can I copyright my printable?
  • What if something is trademarked in one country and I live in a different country?
  • Someone copied my printable…but it doesn't look like it exactly…what do I do?
  • Should I be using legal templates that I can purchase on the internet?
  • How can I be sure an artwork is in the public domain?

If listeners need further advice on trademark and copyright issues, they can contact Laura at [email protected] or connect on LinkedIn at https://www.linkedin.com/in/laurawinston/

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