Frank A. Natoli’s Answers

Frank A. Natoli

New York Internet Lawyer.

Contributor Level 20
  1. Register trademark which is not trademarked, but using as non commercial and not famous, in reverse domain and in direct domain

    Answered about 1 month ago.

    1. Frank A. Natoli
    2. Francine Denise Ward
    3. Michael Charles Doland
    4. Maurice N Ross
    5. Vonnie Clay Dones III
    5 lawyer answers

    I agree with the others here. Your phrasing was a bit awkward and hard to follow. Btu at the end of the day, if you are seeking to use a trademark in commerce, you need to handle the upfront due diligence carefully. You also want to make sure you are not trying to protect a mark that is otherwise utterly descriptive or generic. For example, in your example lawyerclub.com or lawyer club, etc. would be merely descriptive if not entirely generic if in fact it identified a club for lawyers....

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  2. Is it illegal to sell designer inspired items in a retail environment?

    Answered almost 2 years ago.

    1. Michael P Matesky II
    2. John E. Whitaker
    3. Frank A. Natoli
    4. James Juo
    5. Mario Sergio Golab
    6. ···
    7 lawyer answers

    Hi, Very good advice here. I will just add that in the US we do not protect fashion designs under our copyright laws because we consider the articles themselves as functional and not purely creative expression (a simplified reason to be sure). This is why you see all the dresses on the red carpet at H & M the next day. That said, there are SO MANY other ways to get into trouble. As some others noted, patterns in the fabrics, trademarks, patents (wherever relevant) may all be protected....

    15 lawyers agreed with this answer

  3. Do most attorneys use Legalzoom and Thompson Reuters for trademark searches?

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Alan T Harrison
    3. Daniel Nathan Ballard
    4. Luca Cristiano Maria Melchionna
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    Hi, How lawyers conduct trademark due diligence really depends. Legal Zoom is really a self-help platform and most lawyers I know would not use them for such things but of course I am sure some use their system like that. Thompson is another great product and there are more. What these systems do is aggregate search databases. The main database is the TESS/TARR at the USPTO. But as you may be aware, in the US you have to consider the common law. This is where searching gets tricky. So,...

    12 lawyers agreed with this answer

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  4. How much does it cost for the process and legal fees to file a trademark

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Michael Charles Doland
    3. Clark AD Wilson
    4. Alexander H Butterman
    5. Daniel Nathan Ballard
    6. ···
    8 lawyer answers

    It is a common misunderstanding to assume that one just "files" a trademark. There is much more to it than many would like you to believe mainly the non-lawyer providers like Legal Zoom. This is because they have a monetary interest in selling something that comports with everything you want to hear: fast, easy and cheap. While getting this done properly should not be a bank breaking endeavor, make no mistakes you will want it to be done thoroughly and properly because your exposure increases...

    13 lawyers agreed with this answer

  5. I have a standard character trademark and would like to add a logo to it. Must I create a entirely new trademark application?

    Answered 7 months ago.

    1. Frank A. Natoli
    2. Michael Charles Doland
    3. Tawsif Ahmed Chowdhury
    4. Michael Alan Shimokaji
    5. Bruce E. Burdick
    5 lawyer answers

    This is its own separate trademark and will go on its own application. You cannot add it to another filing. For example, "McDonalds" is a text trademark; the Golden Arches is a logo but it is also an image or stylized trademark; "I'm Lovin It" is their tagline and is also a text mark; the Big Mac is a product name and again is its own mark - you get the idea. Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront...

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  6. Is a character of a public domain book trademarkable?

    Answered over 1 year ago.

    1. Daniel Nathan Ballard
    2. Frank A. Natoli
    3. Michael Charles Doland
    4. Benjamin Karl Erlick
    4 lawyer answers

    I think Mr. Ballard offered a very sound response. You need only be concerned with the trademark implications if you begin to use these names to identify a good or service in commerce. You are not precluded from using them in your book title or as characters in a fictional work, as noted. I also agree that it would be in your interest to consult an IP lawyer just so you get all the proper guidance and to ensure you are not inadvertently infringing in some way. Most of us here,...

    10 lawyers agreed with this answer

  7. What are the international copyright and free/fair use protocol for using Internet photos?

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Maurice N Ross
    3. Bruce E. Burdick
    4. Edwin Drantivy
    5. Todd Matthew Heine
    5 lawyer answers

    Unless explicity outlined in license agreement, you have to assume any image you find online is the property of someone else and it cannot be used without permission. See Common Copyrigth Myths: http://www.lanternlegal.com/copyright_myths.php You should discuss your broader plans and objectives with a lawyer before making any investment just to make certain you are aware of any issues. Most of us here, including myself, offer a free phone consult. Best regards, Frank Natoli-...

    10 lawyers agreed with this answer

  8. Should I get a trademark before I register my business?

    Answered 2 months ago.

    1. Philip Marcus Bierman
    2. Frank A. Natoli
    3. Daniel Mark Levine
    4. Dariush G. Adli
    5. Michael S. Melfi
    5 lawyer answers

    I agree with my colleague's remarks entirely and you are definitely going to want to receive proper legal guidance on this. Be your own best friend here; your trademark will amount to one of if not the most important business asset you have and almost all the money you will spend on your business will be in support of that asset (marketing, advertising, PR, branding, etc.). In that context, you certainly want to make sure you did everything you could to adequately protect your business,...

    11 lawyers agreed with this answer

  9. Can I show 5-min clips of various movies in a business seminar I'm hosting under the Fair Use Act?

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Maurice N Ross
    3. Ivan Jose Parron
    4. Philip Leon Marcus
    5. David M. Slater
    6. ···
    6 lawyer answers

    Fair Use is a defense to infringement. You need to keep in mind that no matter what anyone suggests here, if the copyright owners dislike what you are doing with their material they can take legal action and only then will it matter whether you have a valid fair use. What you described would likely be considered infringement technically unless you are offering specific commentary on the the material itself and not just using it to make some broader point. Educational institutions who use...

    11 lawyers agreed with this answer

  10. Are song titles copyrighted?

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Michael Essien
    3. Veronica L. Jarnagin
    4. Ivan Jose Parron
    5. Bennett Jay Fidlow
    5 lawyer answers

    Hi, Song titles are not protected under copyright law. This is why there are hundreds of songs that share the same title. But they may be used as trademarks in some way. That said, your concern is much more likely regarding trademark than copyright in this context. As my colleagues pointed out if it is perceived that you are creating a false association with a particular artist or sports franchise that may give rise to a legal action. In my opinion, I think the line frankly will be...

    11 lawyers agreed with this answer

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