Thilo Claus Agtheā€™s Answers

Thilo Claus Agthe

New York Trademark Application Attorney.

Contributor Level 6
  1. Can you copyright a video that you appear in?

    Answered over 2 years ago.

    1. Thilo Claus Agthe
    2. Ivan Jose Parron
    3. Pamela Koslyn
    4. Maurice N Ross
    4 lawyer answers

    The answer is no. Copyrights are owned by the creators of the works. In other words, the maker of the video owns the copyright. Persons appearing in a video have no copyright claim unless they are also the creators. The issue that you should be concerned about here is right to publicity and/or privacy. If your image in the video is exploited for commercial reasons, you may have a claim for damages, but these questions always revolve around the specific facts of each case and it is very...

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  2. How does the date a social internet website company domain name affect proof of ownership if the company was incorporated later?

    Answered over 2 years ago.

    1. Maurice N Ross
    2. Thilo Claus Agthe
    3. Pamela Koslyn
    4. Daniel Nathan Ballard
    4 lawyer answers

    I'm afraid that ownership of a domain name registration in the situation you describe is unlikely to establish a date of first use in any connection. Certainly, if there is no actual use of the domain name, you have not established trademark rights to the domain. The date you started the company is the date on which you incorporated it. The domain name registration does not help you in that respect. I'm glad that you have spoken to professional web designers and, more importantly, that...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Corporate Email

    Answered over 2 years ago.

    1. Ivan Jose Parron
    2. Thilo Claus Agthe
    3. Joseph T Ostrowski
    3 lawyer answers

    There are a lot of unanswered questions here, including how sensitive the information in the emails was, what does it say about email in your employee handbook (assuming there is one), do you have an employment agreement with relevant passages, did you sign a non-disclosure agreement when started your employment. From what you have written, I would assume that the company could fire you, should they want to. I believe that Illinois is an employment at will state, and this sort of conduct...

    2 lawyers agreed with this answer

  4. Intellectual Property

    Answered over 2 years ago.

    1. Daniel Nathan Ballard
    2. Thilo Claus Agthe
    3. Maurice N Ross
    3 lawyer answers

    1. Approximately 3-4 months right now (in my experience) 2. Generally very soon, 1 to 2 weeks, sometimes less. 3. You have 6 months to respond to an office action., and that is a hard deadline. No extensions are possible. 4. If you receive a final refusal, you have another 6 months to either comply with all outstanding requirements or to file an appeal of the decision. That is also a hard deadline and no extensions are possible, except that if you file a cancellation action against a...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Trademark attorneys

    Answered over 2 years ago.

    1. Daniel Nathan Ballard
    2. Thilo Claus Agthe
    3. Pamela Koslyn
    4. Bruce E. Burdick
    4 lawyer answers

    I agree generally with the advice given my colleagues in response to your question, but there is one additional issue you must consider: if you "buy" a trademark, the way it is transferred to you (including the registration) is through an assignment, which is then recorded with the U.S. Patent and Trademark Office. The thing about assignments is that, in order to withstand later scrutiny, they must be made along with the goodwill of the business symbolized by the trademark. If the goodwill is...

    1 person marked this answer as helpful

  6. I filed for a trademark that has a potentially blocking mark in another class and different G&S....

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. James Juo
    3. Thilo Claus Agthe
    4 lawyer answers

    Generally speaking, in my experience the best course of action is to wait until the USPTO actually finds a conflict and issues an office action on the basis of likelihood of confusion. At that point, depending on the exact nature and content of the refusal, you can judge which step to take next. Of course, every case is different and I would have to know the exact circumstances of your case in order to be able to give specific advice. If you have evidence that the blocking mark is actually...

    1 person marked this answer as helpful

  7. Can I use a car's name in the name of our club. Ie. Cleveland Camaro Club.

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Bruce E. Burdick
    3. Maurice N Ross
    4. Thilo Claus Agthe
    4 lawyer answers

    My colleagues are correct in pointing out that you cannot copyright your club's name, if anything you can possibly get a trademark or, more appropriately, a service mark. Your use of the term "Camaro" in your club's name falls under the doctrine of "nominative fair use." In your case, you have a club that has Camaro afficionados as its members. The only accurate way to describe your club in its name is to use the name of the car that you are fans of, i.e. the Camaro. Under the doctrine of...