William F Lang IV’s Answers

William F Lang IV

Beaver Patent Application Attorney.

Contributor Level 5
  1. Can I print quotes from poets, movies (Disney) and lyrics on my products for sale.

    Answered over 5 years ago.

    1. Daniel Nathan Ballard
    2. William F Lang IV
    2 lawyer answers

    The quotes that you plan to use are much more likely to be protected by copyright than by trademark. The issue is therefore whether this use would constitute fair use. Fair use is defined by 17 USC sec. 107, and generally includes comment and criticism, news reporting, education, and research. Whether a particular use constitutes fair use depends on the following four factors: "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for...

    2 people marked this answer as helpful

  2. Common Law Trademark

    Answered over 5 years ago.

    1. William F Lang IV
    2. Daniel Nathan Ballard
    2 lawyer answers

    Initially, a determination of whether the name is one for which trademark protection is available should be made. In general, marks fall into four categories: 1. Fanciful/arbitrary - a mark which has no relation to the goods or services, and was devised by the trademark holder. 2. Suggestive - a mark that suggests, rather than describes, a meaning. 3. Descriptive - a mark that specifically describes a characteristic of the goods or services. Descriptive marks can only become...