William Robert Samuels’s Answers

William Robert Samuels

New York Intellectual Property Law Attorney.

Contributor Level 8
  1. Software license guidelines?

    Answered almost 5 years ago.

    1. William Robert Samuels
    1 lawyer answer

    Unfortunately, this is not enough information to answer your question. What is important to know is that a license defines your rights in regard to the licensed property. In this case, that licensed property is education software. So, the answer to your questions lies in the terms of that software license. If by “campus property” you mean the bounds of the actual school campus, I would be quite doubtful that you would have such a limitation in that you could bring a laptop home to your...

  2. How much do I charge the department of tourism to use my song as the main theme of a campaign

    Answered almost 5 years ago.

    1. Daniel Nathan Ballard
    2. Pamela Koslyn
    3. William Robert Samuels
    3 lawyer answers

    As Ms. Koslyn says, you should hire an attorney who has expertise in this area or law because she or he can negotiate terms of a deal for you. There are no set rules, per se, and so the royalty rate and the right to be the performer potentially can be negotiated. Perhaps you would give a bit on the royalty payment in order to perform the song? You would want to discuss these and likely other issues with your attorney before you go into the negotiation. This does sound like a great...

  3. I was issued a patent in February 2009. Another party using my claims was issued a patent in July 2009. Is that infringement?

    Answered almost 5 years ago.

    1. Daniel Nathan Ballard
    2. William Robert Samuels
    3. Jeffrey Thekdi Gedeon
    4. Mario Sergio Golab
    4 lawyer answers

    It is not infringement, per se. The short answer is that it is hard to tell with the facts you offer here. Someone can take a patented subject matter and design around it, which it sounds may have happened in this instance. I am not sure how the person filing the second patent application had access to your confidential patent application—if it were confidential, how did he or she have access? If the application were already made public, then there is nothing confidential about it,...

  4. Can a phrase that is a nickname of a city be copyrighted? For example "The People's Republic of Austin"

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. William Robert Samuels
    2 lawyer answers

    I agree with Ms. Koslyn, but I want to stress that you also be very aware of potential trademark claims and be sure to discuss those with your IP attorney if and when you meet with her or him. While you may have fair use claims in copyright, and you may have such claims in trademark, you will want to be aware of the different claims one can or would make in response to your use of the catch phrase. Please note that this information is for informational purposes only and is not legal advice...

  5. Is it illegal to use a local schools name, mascot or logo to make t-shirts?

    Answered almost 5 years ago.

    1. Laura Mcfarland-Taylor
    2. William Robert Samuels
    3. Oscar Michelen
    4. Pamela Koslyn
    4 lawyer answers

    One of the central purposes of trademarks–if not the central purpose--is to serve as a source indicator for people. When people see a trademark on a product, the idea is that people will associate that product with a particular source. For example, when one sees the Nike “swoosh” people know the product or service is from Nike. If you are using the local school’s name, mascot, or logo on goods it is likely that the school could claim that your use infringes on its trademark rights...

  6. How much total to file a trademark in order to protect my domain name?

    Answered almost 5 years ago.

    1. Andrew Pavlinski
    2. Boris Umansky
    3. William Robert Samuels
    3 lawyer answers

    First, the thoughts already offered here cover well the inquiries you have made. To answer your question about the Intent to Use trademark application, there are some different filing costs associated with that type of application. Basically, the same initial filing fee applies to such an application, and the process for prosecuting the application generally is the same, but you cannot secure an actual registration without using the mark and demonstrating that use to the Trademark Office....

  7. I purchased hat with a toyota symbol on them. i want to put my company's logo on them and give to customers . is that legal .

    Answered about 5 years ago.

    1. Alan James Brinkmeier
    2. William Robert Samuels
    3. Daniel Nathan Ballard
    3 lawyer answers

    You can do it--just be sure not to represent that you are associated with or authorized by the hat maker, Toyota, etc. as a distributor, seller, etc. Also, be sure that there are no symbols or trademarks for Toyota on the hat that you give to customers, as they may take some kind of action, regardless of how good or bad their claim is. It may sound absurd, but as long as you take these types of precautions, you should be good to go.

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