Frank A. Natoli’s Answers

Frank A. Natoli

New York Internet Lawyer.

Contributor Level 20
  1. What are the international copyright and free/fair use protocol for using Internet photos?

    Answered about 2 years 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

  2. How to register a global international trademark? I assume USPTO . gov is a place to go to in US.

    Answered 4 months ago.

    1. Francine Denise Ward
    2. Frank A. Natoli
    3. Glenn Johnston
    4. Maurice N Ross
    5. Floyd Edwin Ivey
    5 lawyer answers

    As my colleagues note, there are a number of ways of facilitating trademark registrations in other nations but no such thing as an international trademark. So for example, you can apply for a blanket TM registration in the EU covering all 28 member states through OHIM. We actually don't advise this in most cases and prefer using the Madrid Protocol facility through the USPTO (or another member IP office) because of strategic reasons. If one member state rejects the application on the blanket...

    9 lawyers agreed with this answer

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  3. Patent Package Price: How much shall be a fixed fee quote from a competent patent attorney?

    Answered about 1 month ago.

    1. Bryan William Bockhop
    2. Eric Allen Kelly
    3. John Dallas Houvener
    4. Frank A. Natoli
    5. William F Lang IV
    6. ···
    12 lawyer answers

    Your question is akin to asking a contractor what the cost will be to build a house. Are we talking about a modest two bedroom home built on a slab of concrete or a sprawling mansion built on the side of cliff? The average cost of legal to obtain a patent in the US is between 6K-9K and this figure takes into consideration a lot of lowball garbage worthless paper patents. This is a highly predatory space so you need to make sure you do your homework and talk to a lot of providers. Also...

    11 lawyers agreed with this answer

  4. Trademark office will put trademark hold

    Answered about 2 months ago.

    1. Cliff Kuehn
    2. William F Lang IV
    3. Frank A. Natoli
    4. Daniel Nathan Ballard
    5. Preston H. Smirman
    6. ···
    6 lawyer answers

    As noted, if you had done a proper clearance this obvious conflict would have shown up. I don't really understand when this common misperception that trademark clearance and registration became an easy DIY endeavor but that is simply not the case. I suppose all these web-based non-lawyer zip-legal services have really distorted the market by suggesting that this can be a cheap, easy and fast kind of thing. Well, it does not have to break the bank and it can be done rather quickly but it takes a...

    11 lawyers agreed with this answer

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

    Answered 9 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

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

    Answered about 2 years 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

  7. Are song titles copyrighted?

    Answered about 2 years 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

  8. Can I make a website showing Michelin’s full book of car repair times without violating copyright?

    Answered 2 months ago.

    1. Frank A. Natoli
    2. Bryan William Bockhop
    3. Joseph Yurgil
    3 lawyer answers

    As my colleague's note maybe or maybe not. As stated, facts on their face are not protectable, but the expression of those facts can be. So for example, I cannot protect a recipe under copyright law. At its heart it is just 1 part X and 2 parts Y. But I can protect my recipe book. My expression of those facts, the order in which I chose to present them, all the anecdotal commentary, etc. are all sufficiently protected. So while you would still be free to pull the recipes out and assuming there...

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  9. Registration refused on grounds of Likelihood of Confusion (different classes & mark). Do I have a chance of registration?

    Answered 7 months ago.

    1. Jessica Ruth Friedman
    2. Frank A. Natoli
    3. Jeffrey E Jacobson
    4. Daniel Nathan Ballard
    5. Floyd Edwin Ivey
    6. ···
    7 lawyer answers

    It's close no doubt it, but there are some arguments to make if you had to make them. For example, if you have already invested heavily in the name it might make sense to try. But this is not something you can accomplish without spending money on some legal expertise. Remember, you are trying to convince the Examiner to change their minds and they are not going to do that without a solid argument supported by very persuasive legal authority. And even IF you were able the successfully advocate...

    9 lawyers agreed with this answer

  10. Do I have to obtain a business license and register with the state before starting my business?

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. William C. Mack
    3. Michael T Warshaw
    4. Raymond Andrew Grimes
    5. Ronald J Cappuccio
    5 lawyer answers

    Whether you would be in violation of state code by operating the business without the proper compliance really depends. When you set up an entity in NJ you apply and register with tax and finance at the same time. Here, the state will be told what the nature of your business consists of, etc. Beyond that, and in some industries, you may be required to obtain additional permits, but there is no way for any of us to know without understanding exactly what you are doing in the context of state...

    9 lawyers agreed with this answer

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