Michael Joseph Powell's Answers

Who owns the data, The owner of the forum software that created and wrote the data or the host who pays for the server space?

The author of the data will often retain rights to what he/she has created unless the rights have been assigned to another in writing or have been licensed to another for particular uses. The agreements involved in your situation (including your license) need to be reviewed and will likely set forth who owns what rights (i.e. to control, to publish, to reproduce, etc.) with regard to the data and what the various parties are permitted to do with the data. Also, by the payment for hosting or...

2 people marked this answer as helpful

How would a trademark examiner look at the following?

It probably depends on whether there are a number of third party registrations of the ABC mark. If there are many third party registrations, then your application might sail through without getting a likelihood of confusion refusal based on Company A's mark. Also, if there are goods registered with the ABC mark that are arguably more closely related to dietary supplements than your soft drinks, then your application may make it through without a likely confusion refusal. However, because...

Petition to Cancel Trademark (TTAB)

John Crossan is also correct! Petitioner has the burden and proof of Respondent's own misuses of the mark or failure to police third party uses can be persuasive. Surveys by experts are commonly accepted as proof of what is in the consuming public's mind, but your lawyer can also submit a declaration showing the misuses and failure to police third party uses. Good luck.

Can I post a video of my daughter performing in a high school play on Facebook

If you "shot" the video, it's primary focus is on your daughter, and your purpose in posting on Facebook is to simply share with your family and friends, you are not likely to run into legal issues that cannot be resolved by taking it down if someone objects. However, if you did not take the video, then it is someone else's work that you should not post without their permission. Also, if the video includes other children, particularly if they are performing, you will minimize objections from...