Brett Evan Lewis’s Answers

Brett Evan Lewis

Brooklyn Internet Lawyer.

Contributor Level 3
  1. How do I protect sub-contractor's privacy during a trademark cancellation proceeding?

    Answered over 1 year ago.

    1. Daniel Nathan Ballard
    2. Brett Evan Lewis
    3. Rhett V. Barney
    4. J Scott Scarbrough
    4 lawyer answers

    An affidavit is ok, but it's not quite the same as an affidavit backed up by documentary evidence. Is there other documentary evidence that you could use? Are there internal company emails discussing plans to use the trademark? Is there a business plan? If all you've got are the vendor emails, I would be inclined to redact out the obscenities -- they're completely irrelevant -- and submit redacted copies. Good luck.

    3 lawyers agreed with this answer

  2. If you take a screen shot of someone on a video chat who is naked , is it illegal to publish the photo on a website

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Brett Evan Lewis
    3. Andrew Mark Jaffe
    3 lawyer answers

    Very likely so. It may depend on which state you're in, or which state the other person is in, which state's laws apply, and what that state's invasion of privacy laws are. Just because a person consents to be seen in a naked video chat does not mean that that person also consents to have an image of their naked person broadcast on the Internet. Is there a reason why you want to post this specific screen shot on a Web site, or did someone do this to you? Oh, and then there are child...

    1 lawyer agreed with this answer

  3. What are my rights in a trademark cancellation case with regards to discovery; Calling all noble trademark attorneys.

    Answered over 1 year ago.

    1. Frank Anthony Natoli
    2. Daniel Nathan Ballard
    3. Clark AD Wilson
    4. Brett Evan Lewis
    5. J Scott Scarbrough
    6. ···
    8 lawyer answers

    Request a 30-day extension. These are granted as a matter of professional courtesy. Then spend a few days thinking about whether your trademark is important to your business, and what value you ascribe to it. What would you do if your trademark was cancelled? What if you had to rebrand and change your trademark? You are at an enormous disadvantage going this on your own. If the stakes are low, you can decide to continue to try to do this on your own. Just be prepared to struggle...

    1 person marked this answer as helpful

  4. Do I need to register my Phone Pp as a company , or trademark it ?

    Answered over 1 year ago.

    1. Terry Lynn Thomas
    2. J Scott Scarbrough
    3. Brett Evan Lewis
    4. David Wade Barman
    5. Dariush G. Adli
    5 lawyer answers

    Hi Max, The only thing that I would weigh in on is the trademark. It's more than just a matter of filing an application. Before you ever adopt a name, you should have a clearance search done, ideally with a full clearance search report and clearance letter. At a minimum, you would want to have a basic clearance done to make sure you're not infringing on someone else's trademark. Good luck! Brett

    2 lawyers agreed with this answer

  5. So I hand registered a domain name 2 years ago... someone emails me last month, asking me the purchase price of my domain name.

    Answered over 1 year ago.

    1. Rhett V. Barney
    2. Tudor F Capusan
    3. Brett Evan Lewis
    4. Travis Wayne Story
    5. Jonathan H Levy
    5 lawyer answers

    Hi, I would actually recommend speaking to a domain name attorney and not a trademark attorney. I'm not going to make many friends here by saying this, but there's a world of difference between the two. As to what the individual is up to, I can only speculate. I have seen situations where someone comes along and registers a trademark and then tries to use that to reverse hijack a domain name that was registered prior to the date of the trademark filing. It could also be that he was...

  6. Infringement of Copyright on common used words on the INTERNET

    Answered over 1 year ago.

    1. Maurice N Ross
    2. Philip Leon Marcus
    3. Michael Kevin Cernyar
    4. J Scott Scarbrough
    5. Brett Evan Lewis
    5 lawyer answers

    There's not a lot to add to what's already been said, but I'm not going to allow that to deter me. My first question is is there an actual dispute, or is this purely hypothetical? If there is an actual dispute, you need to state what the two names are. I don't advise that you do that in a public forum, but in order to render any kind of legal advice on a question of this nature, the facts that you are providing cannot be hypothetical. On a general level, descriptive marks can and...

    1 lawyer agreed with this answer