Frank A. Natoli’s Answers

Frank A. Natoli

New York Internet Lawyer.

Contributor Level 20
  1. I have a question concerning intellectual property law and copyright infringement. I sell upscale furniture online. I have a

    Answered 3 months ago.

    1. Frank A. Natoli
    2. Oscar Michelen
    3. Daniel Nathan Ballard
    4. Glenn Johnston
    5. Maurice N Ross
    6. ···
    8 lawyer answers

    We appreciate your question, but no one could possibly begin to address it without all the details. Under US Copyright law the test for infringement is called "substantial similarity." So, no, it is not required that they copy 100% of your material. But the first point of the analysis is to consider the nature of what was copied and whether that falls under copyright protection. For example, with regards to websites, some aspects are clearly copyrightable (articles, images, etc.). while...

    Selected as best answer

  2. What do I need to do to stop a trademark application of someone who went behind and applied to trademark my corporations name

    Answered about 1 year ago.

    1. Frank A. Natoli
    2. Bruce E. Burdick
    3. Michael Charles Doland
    4. Glenn Johnston
    4 lawyer answers

    Yours is a very fact intensive scenario, but it sounds as if there is some serious confusion regards to trademark law. There are definitely some tactics you can employ assuming you were using the mark first even if you made no federal registration, but this is something you need to discuss with a lawyer in private first to all the facts are clear. I would also want to make sure that the mark in question is actually protectable and not merely descriptive or generic. Further, whenever you...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Business division structure.

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Michael Charles Doland
    3. Bruce E. Burdick
    3 lawyer answers

    You should have already created a separate entity to house this business because there is no legal distinction between a DBA and the underlying person or entity that controls it. If one channel of business if exposed in some way then everything is exposed. Usually, when the business activity is very different as you described here you should form a proper entity to operate it through. I suggest that you consult with a lawyer in private and discuss your specific objectives in more detail....

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  4. Can I still trademark what is rightfully mine if he hasn't been granted the Trademark yet? USPTOsays he is live,same as granted?

    Answered about 2 months ago.

    1. William F Lang IV
    2. Michael J. Thomas
    3. Eric Allen Kelly
    4. Frank A. Natoli
    5. Floyd Edwin Ivey
    6. ···
    9 lawyer answers

    Because TM rights start with use and you were the first to use the mark in commerce in your geographic market area and have continued to use the mark through out you still have rights in it that cannot be divested. Unfortunately, however, it is possible that this other entity has also created rights in their market area and assuming you were not doing business there already. While sending a letter of protest is not a bad idea, you may end up having to oppose their mark based on your common...

    9 lawyers agreed with this answer

  5. Is a company that owns a trademark obligated to oppose pending applications they deem as damaging to them?

    Answered 4 months ago.

    1. Frank A. Natoli
    2. Eric Allen Kelly
    3. Floyd Edwin Ivey
    4. Scott Raymond Austin
    5. Donald Jon Ersler
    6. ···
    6 lawyer answers

    The short answer is no. You are not "obligated" to oppose a trademark. You may choose to keep it out of the TTAB and just have a lawyer send a C&D or in some cases just go to federal court. But mark holders are obligated to police their marks and to make diligent efforts to prevent infringement. If not, then they run the risk of diluting their own mark and perhaps setting themselves up for a latches defense in the event they decide later to take action against a particular competitor. This...

    9 lawyers agreed with this answer

  6. Is it illegal to resell brand name clothing like Hollister or American Eagle?

    Answered 5 months ago.

    1. Craig Andrew Redinger
    2. Frank A. Natoli
    3. Michael Charles Doland
    3 lawyer answers

    As my colleagues note, there is nothing illegal about selling legitimate product that you lawfully came into possession of. You would of course have to identify the articles that were already worn as used. Further, if it is legal for you to sell the item, then it follows that it is legal for you to advertise what you have for sale. You just cannot mislead the market into thinking that you are in anyway endorsed, sponsored or affiliated with the brands. That said, I would bet that your...

    9 lawyers agreed with this answer

  7. I legally own a trademarked name for my clothing line and a MLB Baseball team used it for a campaign can I take legal action?

    Answered 5 months ago.

    1. Michael J. Thomas
    2. Frank A. Natoli
    3. Jeffrey E Jacobson
    4. Bruce E. Burdick
    5. Philip P Mann
    5 lawyer answers

    I agree, at this point I think all you can so is consult an IP lawyer and figure out a best course of action. Offers to settle matters are not used as evidence against the parties, but if in fact they committed infringement they might be willing to work something out. Going to court is very expensive and we have no facts to understand the case in more detail. Delta Airlines and Delta faucets share the exact same name and no infringement exists because they are in two unrelated classes of goods/...

    9 lawyers agreed with this answer

  8. “Am I able to use Walt Disney and Disney Movies quotes for a book I am writing? The quotes will be located below each Chapter?

    Answered 8 months ago.

    1. Frank A. Natoli
    2. Daniel Mark Levine
    3. David Christopher Baker
    4. Bruce E. Burdick
    4 lawyer answers

    In general, using quotes especially in this way will not be a problem. This is because the quotes on their own are not protected by copyright law. Or in other words, using a very small portion of a much larger body of work is not infringement. That said, many quotes are being used as trademarks so in some cases this needs to be considered too. Further, using some portions of a larger work may in fact give rise to a copyright infringement issue depending on the amount used and whether that...

    9 lawyers agreed with this answer

  9. Excluding being a minor (granted a patent trademark or copyright) are you AWARE of any company managed by a court?

    Answered 11 months ago.

    1. Michael Byk
    2. Frank A. Natoli
    3. Richard Alan Raiders
    3 lawyer answers

    I am really not sure what you are asking here. The court doesn't manage the company but rather appoints one when receivership is warranted. If this is in some way affecting you o your business you need to consult a lawyer in private and discuss your options. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC

    9 lawyers agreed with this answer

  10. Trademark name confusion

    Answered about 1 year ago.

    1. Pamela Koslyn
    2. Frank A. Natoli
    3. Daniel Nathan Ballard
    4. Bruce E. Burdick
    5. Mark Allen Land
    6. ···
    6 lawyer answers

    In short, adding or taking away the word "of" would not do anything to affect the trademark analysis. That is, it would still be infringing assuming the mark is protectable. The example you offered, for example, would be a moot point because that is utterly descriptive. Assuming your mark is registered on the Principal Register, however, and not the Supplemental, we can assume that you do not have a descriptiveness issue. You really need to get a proper analysis done and if they are...

    9 lawyers agreed with this answer

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