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Joseph Christopher Gioconda's Answers
- 38 Legal Answers
- 1 Legal Guide
5
Attorney answers:
Is it ok to use words to a published song in a funeral program?
If you did nothing more than excerpt a portion of song lyrics for a funeral program, I would not worry too much about it, as it is probably subject to a good faith fair use defense. If a copyright owner bothers to hassle you about it, let me know. I'm sorry for your loss.
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5
Attorney answers:
If you build a website for someone and they don't pay you are you allowed legally to take it down?
It depends on a variety of factors, ranging from applying contract law to intellectual properly law to the facts at hand. For example, who legally "owns" the content displayed on this website? Who legally "owns" the domain name that the website is associated with? Why didn't the client pay you? Did you have a written contract? Did you have a binding verbal contract? You obviously need a lawyer to review your options before you do anything as drastic as "taking down" a customer'...
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2
Attorney answers:
Using NFL Team Logos and Player names in free iPhone application
Excellent question. Your question can be divided into three related sections: one is copyright-related, one is trademark related, and one can be called the "right to publicity." 1) Under prevailing copyright law in the United States, facts and figures about sports figures are not copyrightable. St. Louis U.S. District Court Judge Mary Ann Medler ruled that sports statistics are part of the public domain and can be used at no cost by fantasy companies. She held that: "[t]he names and...
6 lawyers agreed with this answer
4
Attorney answers:
IP Lawyer Question regarding domain rights and copy write with "Cease & refrain" demand
My colleagues above have given good answers. If you are genuinely acting in good faith, an experienced trademark lawyer should be able to work something out with whomever sent you the letter. Often, these letters get sent out as part of a very large campaign, and the sender does not analyze the specific facts of each and every case. Once brought to their attention, however, they don't want to spend unnecessary money just because they may have "deep pockets." They just want to protect...
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3
Attorney answers:
Can you remove unauthorized copied pictures from another website
The short answer is that it depends. By voluntarily submitting the nude photographs to the original website, your friend may have contractually agreed to permit the original website to license or further distribute the photos on affiliated websites. However, if that is not the case, and the photographs were downloaded off the original website by someone without authorization, and then uploaded to a new, unrelated third-party website, that could constitute copyright infringement. In...
3 lawyers agreed with this answer
3
Attorney answers:
Many Copyright infringers. False Licensing claim by a company selling my design. My work was changed & copyrighted by another.
My colleagues are correct -- you need an attorney to evaluate your options. Note that you really should consider pursuing some form of legal action, for inactivity once you are put on actual notice of the infringement can actually lead to a statute of limitations/estoppel by laches defense, based on your delay.
1 lawyer agreed with this answer
5
Attorney answers:
Is my computer program legal?
Good question and good answers. The only comment that I would add is that in addition to being rightly concerned about the legality of contributing to copyright infringement, you may also want to research to find out if there are issued patents which could cover this technology, as well.
1 lawyer agreed with this answer
6
Attorney answers:
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Trademark bullying
My colleagues above all have given you good information. I also would point out that while you sincerely believe that the term has become the recognized and commonly-used name for a product (as does the Trademark Examiner) the trademark owner has also apparently signed a sworn statement that it currently possesses a good faith belief that it is rightfully entitled to claim ownership of that same term under trademark law and sent that to eBay and your web host, who have relied upon that sworn...
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3
Attorney answers:
Trademark Trial and Appeal Board Cancellation Proceedings
My esteemed colleague is correct on multiple counts. The posting of discovery responses that contain non-confidential, non-trade secret information would not violate any law or TTAB rule. However, if you have properly designated certain materials disclosed during discovery as Trade Secret or Highly Confidential pursuant to the standard Protective Order, and your adversary violated that Order by publicly filing them, you may have certain remedies. However, the standard for what properly...
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4
Attorney answers:
How do determine web site ownership?
You need a lawyer. The issues here involved complex matters of copyright and contract law. The Domain Name is registered to someone, which would constitute evidence of ownership of title to that Domain Name as property. Of course, that ownership interest could have been divested through a contract, which can be either written, verbal or equitably imposed by the Court, depending on the circumstances. Further, the content of the website involves content creation, which means the...
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