Nancy J Flint's Answers

Can I trademark a common word, used as a business or brand name, if the word is an acronym?

A common word may be registered as a trademark so long as it is not primarily the common name of the goods or services on which it is used. A term that is primarily the common name of the goods/services is "generic" and can never be a trademark. For example, while Shoes cannot be registered as a trademark for footwear, it might be registered for something unrelated, like software, because Shoes is not primarily a common name for software. It is not the fact that this is a common word that is a...

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What is "personal, non commercial use" and it's opposite?

What you describe is NOT personal, non-commercial use - it is a "public performance." Under the U.S. Copyright Act, a public performance of a copyrighted work (such as a song) occurs when the work is performed in a "place open to the public or at a place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered." A restaurant definitely is a place open to the public.

Is this a strong fair use copyright claim?

While I don't believe this would be "fair use," your use might be permissible anyway. It is possible that the photographer of the exotic animals might object to your use of their photographs, it sounds as if they have a very "thin" copyright claim. That is because copyright covers works of "authorship," which requires some amount of creativity. If the pictures show the exotic animals as they exist in the wild, without something more to the staging of the photographs, the photographer cannot...

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Do I need permission from the NFL, MLB, NCAA, NHL, or NBA to name my food products after them or their players?

Yes, you need their permission to use their logos and team names. These entities are very careful about unauthorized use of their intellectual property and constantly monitor for such uses. When you use their logos/team names, you are raising the appearance to the consumer that they are endorsing your product, and the quality of your product/service reflects on them. As far as using individual player names and likenesses, you would also need their individual permission because of their right to...

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Can I copyright an idea first and then patent it once I get a prototype for it?

You need to consult a professional about whether your invention can be protected under intellectual property laws. As others have answered, different laws protect different types of intellectual property. In some cases, an invention may be protectible under different laws. For example, source code can be registered for protection under copyright law, and the computer system/method MAY be also protectible under patent law. It absolutely depends on the type of invention. Don't wait too long,...