Timothy James Ziolkowski’s Answers

Timothy James Ziolkowski

Milwaukee Patent Infringement Attorney.

Contributor Level 7
  1. How I do get permission to use a Dr.Seuss quote in a Young Adult book about to be published?

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Timothy James Ziolkowski
    2 lawyer answers

    Such use may very well be excluded from copyright infringement under by what is called the fair use doctrine. This allows one to use small (diminimus) portions of copyrighted materials for limited purposes. It would be advisable to provide credit to the original author and when you do find a publisher, simply raise the issue with them to ensure your use is within the fair use doctrine. Also, do a trademark search to ensure there is no trademark registration for the phrase. This...

  2. Similar names, assume 2 companies share only a few commmon goods and one does much more.

    Answered over 3 years ago.

    1. Dimitry Kogan
    2. Timothy James Ziolkowski
    3. Pamela Koslyn
    3 lawyer answers

    The first company may have common law trademark rights even if no registration is filed. If there are protectable rights, a single similar service is all it takes for there to be an issue with using the name. A threshold issue to resolve is whether there are any rights to begin with. If a name is simply descriptive of the services and geographic location, then there is likely no rights in the name as a trademark. For example, lets say that GSE exchanges silver in Georgia. The name then...