Ethan Jared Wall's Answers

Trademark infringement?

"Could I be in any trouble for saying no I do not want to do that [set a price to sell your domain names to a trademark owner] as I want to keep my domains?" No. In fact, you might expose yourself to an increased risk of trademark infringement if you try and sell your domain to the trademark owner under a theory of “cybersquatting.” Cybersquatting refers to the bad faith registration of a “domain name” (or internet address) containing another person’s brand or trademark. Cybersquatters...

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IS the word "tweet" (as in to post a twitter message) a copyrighted word?

Kurt is right on the money. Short phrases cannot be copyrighted and your proposed use of someone else's trademark might be a violation depending on how you plan to use it. It appears that Twitter has obtained a federally registered trademark for the word "tweet" in connection with its online, real time communication through social networking (see the attached link). As a result, you might infringe upon Twitter's trademark if you used the term in a confusingly similar way. On the other hand,...

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Can I sue for for old internet comments?

"But does the time period for the Statute of Limitations start when this person posted the comments to Facebook, or when I first saw them? I know this guy will claim they've been there for years." Generally speaking, the limitations period begins to run when a defamatory statement is "published" (i.e., communicated to someone other than you). In this case, the date of "publication" is the date this person posted the comments on the Internet. Unlike Florida law (discussed above),...

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Do I need to trademark each individual postcard design I create for my stationery business?

James is right on the money. While it is possible to trademark a particular design that identifies a product or service, most artistic works are more suitable for copyright protection. One common example of a design that is trademarked is Nike's "swoosh" - the infamous curved check-mark that identifies Nike's sneakers, apparel and sporting goods. On the other hand, artistic works such as paintings, drawings, or even postcards are better suited for copyright protection. In order to have...

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How do I get free legal help making a parrenting plan?

You may want to contact your local bar association to see if it offers a program where lawyers volunteer there time "pro bono." Pro bono is a phrase derived from Latin meaning "for the public good" and is generally used to describe professional work undertaken voluntarily and without payment as a public service. Most bar associations recommend that attorneys volunteer a certain number of hours per year to assist with people who may need legal assistance but cannot afford to pay a lawyer. You...

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Is there anything I can do when my child is continuously threatened on the internet via instant messaging?

Yes. Your child might be the victim of Cyberbullying. "Cyberbullying" occurs when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. In order for there to be cyberbullying, there has to have a minor on both sides, or at least have been instigated by a minor against another minor. Cyberbullying may arise to the level of a...

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Can I sue for for old internet comments?

Possibly. You may be able to file a lawsuit so long as the Statute of Limitations has not expired. A Statute of Limitations sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. The length of time to file a lawsuit varies depending on the type of event and jurisdiction. For example, under Florida law, the staute Statute of Limitations for slander is two years (see Florida Statute section § 95.11(4)(g)). However, the...

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