Ronald David Coleman’s Answers

Ronald David Coleman

New York Litigation Lawyer.

Contributor Level 10
  1. Is my website which uses a variation of a phrase that is trademarked violating the trademark?

    Answered over 4 years ago.

    1. Daniel Nathan Ballard
    2. Pamela Koslyn
    3. Ronald David Coleman
    3 lawyer answers

    The questions you ask at the end -- "Don't know if it means anything" -- probably don't. But to get the answers you are looking for, you have to sit down with the actual trademark and an actual trademark lawyer and see just what rights the other party has, what rights it could have, when it had them, etc. It is very possible that you can continue doing what you're doing, but the specifics make all the difference in the world.

  2. Registered a domain and used actively since 1999. Can a trademark filed in 2009 force me to give up my domain?

    Answered over 4 years ago.

    1. Daniel Nathan Ballard
    2. Ronald David Coleman
    3. Pamela Koslyn
    3 lawyer answers

    Your defense sounds strong. Your success will, unfortunately, depend on whether you can spend the money needed to make your case.

  3. Unfair competion based on trade name infringement.

    Answered over 4 years ago.

    1. Ronald David Coleman
    1 lawyer answer

    I see this was posted quite a while ago, and, oddly enough, was left unanswered after all this time. But for general public consumption, as I am sure you know by now, a situation such as the one you describe must be brought to the attention of a knowledgeable attorney as soon as possible.

  4. Does a federal trademark supercede a California state trademark?

    Answered over 4 years ago.

    1. Daniel Nathan Ballard
    2. James Juo
    3. Kaiser Wahab
    4. Ronald David Coleman
    4 lawyer answers

    Messrs. Wahab and Ballard did a great job with this question. I would only add that state trademark registrations are particularly misleading because they frequently will be issued based on a much lower standard than that required by the United States Patent and Trademark Office. In some states registration is merely a matter of filing the paper. Thus it is entirely possible for someone to have a state "trademark registration" for a trademark that would have have been recognized at all under...

  5. Infringement issue?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Ronald David Coleman
    2 lawyer answers

    One can, but one risks being sued, or being threatened with a lawsuit and perhaps having to pay a settlement, for doing so. It is almost certainly a copyright infringement to do so. It is frustrating to hear that answer, because you see this done all the time -- think of all the depictions of Calvin from Calvin and Hobbs that you see around -- yet the creator of that strip refuses to do any licensing at all. Yet the fact that people do it does not make it permissible, and it does not...

  6. I want to design t shirts to sell , with shorts quotes from different songs is this copyrigt infridgement.

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Ronald K. Phillips
    3. Ronald David Coleman
    3 lawyer answers

    If the question is whether you can do this without risk of exposure to a copyright infringement claim, the answer is no, you cannot. Not only this, but regardless of how good a copyright lawyer you get and how good his or her advice is, you may regret relying on such a business model anyway because you would likely be served with a cease and desist letter or sued, or both, by the copyright holders if you come onto their radar -- even if, based on the advice of sage counsel, you are acting...

  7. Am I violating a federally registered trademark?

    Answered over 4 years ago.

    1. Daniel Nathan Ballard
    2. Pamela Koslyn
    3. Kaiser Wahab
    4. Bernard Samuel Klosowski Jr.
    5. Ronald David Coleman
    5 lawyer answers

    You may very well be infringing the trademark, yes.

  8. Can you copyright predictions?

    Answered over 4 years ago.

    1. Kaiser Wahab
    2. Ronald David Coleman
    3. Pamela Koslyn
    3 lawyer answers

    No, you cannot protect the copyright in your predictions or even your ideas. You can only protect a specific, tangible expression of them, such as in writing or in a broadcast, etc.

  9. If art is copied using a different medium is there a copyright issue?

    Answered over 4 years ago.

    1. Dana Howard Shultz
    2. Timothy James Stanley
    3. Bernard Samuel Klosowski Jr.
    4. Kaiser Wahab
    5. Ronald David Coleman
    6. ···
    6 lawyer answers

    Yes, there certainly is.

  10. Can my employer ask to read my text messages on my phone from a friend if my phone is a personal phone and not a company one?

    Answered over 4 years ago.

    1. Ronald David Coleman
    1 lawyer answer

    Your employer can certainly ask. Without a court order, it is unlikely that your employer can force you to reveal it. On the other hand, in most states, including Arizona, your employer can fire you for "any reason" or no reason at all. "Any reason," however, is qualified by many factors -- you may not be fired for a reason that would violate your civil rights. If this issue becomes acute, you would be well advised to discuss it with an Arizona attorney who is experienced in the area of...