Morgan Twomey Nickerson's Answers

Morgan Twomey Nickerson
Boston Litigation Lawyer.
Contributor Level 5

3

Attorney answers:

  1. Mario Sergio Golab
  2. Morgan Twomey Nickerson
  3. Robert Peter Andris II

Store front sign similarities

Asked by a user in Salt Lake City, UT - over 3 years ago.

Are you a stone warehouse? If so that you have little to worry about as the name is just descriptive of what the business does and will have little if any trademark protection. If you are anything but a stone warehouse you will have liability if the marks are found to be confusingly similar to each other. For example, if you are both bars called the stone warehouse, therer would obviously be confusion and one would be likely to be found liable.

1 person marked this answer as helpful

3

Attorney answers:

  1. Morgan Twomey Nickerson
  2. Thuong-Tri Nguyen
  3. Daniel Nathan Ballard

Copyright

Asked by a user in Pittsburgh, PA - over 3 years ago.

The question will be whether your use of the copyrighted materials and your creative act of compiling of the materials into a calendar will be considered a "fair use" of the copyrighted materials. If you were just going to hang the calendars in your office, then they would likely be found to be "fair use" and you would not be infringing. If you planned on selling them, then you are getting closer to infringing use as you are now deriving an economic benefit from the images. As you are not...

3

Attorney answers:

  1. Oscar Michelen
  2. Morgan Twomey Nickerson
  3. Daniel Nathan Ballard

Can we pursue a copyright infringement lawsuit against a Canadian company that is violating our copyrights

Asked by a user in Bureau, IL - over 3 years ago.

As Attorney Michelen mentoned above there is a lot going on in this scenario. As he said, libel is a very difficult cause of action to prove and is not your best option. However as this is web based, you do have several options under the Digital Millenium Copyright Act to stop their actions. You can go after the website directly with a DMCA letter or, in some instances, you can send a letter to the websites Internet Service Provider. Another avenue to consider if they are using your...