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Draeke Henry Weseman

Draeke Weseman’s Answers

14 total


  • My website and logo were copied. I do not have a trademark on the name (and cannot get one). How am I protected?

    Example: Website A - onename.com. Website B - othername.com. Website B copies the concept, the copywriting, and the logo has obvious similarities. Website B registers onesname.com to forward traffic to othername.com. Website B was in another ...

    Draeke’s Answer

    You may have common law rights to your name, logo, and trade dress despite the overlap with the large company and your lack of a federal trademark registration. However, a good attorney will need to confidentally discuss your case with you before providing you with any meaningful advice. Avvo may help you find an appropriately experienced attorney and get some general advice about intellectual property law, but your specific situation is too complicated to be resolved here. Good luck.

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  • I'm starting a t-shirt line and I want to know:how can I use images found online to put on t-shirts without facing legal issues?

    I'm starting a clothing line which will begin with selling t shirts. I want to use a variety of images every now and then that I find online to put on t shirts. I want to know how I am allowed to use these images without facing legal issues.

    Draeke’s Answer

    Generally, you will not be allowed to use images that you find online without the permission of the creator of the images. One exception would be images that are in the public domain, for example because they were created by the federal government. Here is a link to some government images: http://www.usa.gov/Topics/Graphics.shtml. Note that some of the images may be protected by copyright or license. If you proceed without an attorney, be careful.

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  • Can I buy a trademarked domain if it's available and I'm using to link their own stuff?

    Hi I was reading this post: http://tinyurl.com/lho7nsz it didnt answer my doubt and I hope you can help me. Now, with the new domains, let's say for example there is ".shirts" let's say I find available ferrari...

    Draeke’s Answer

    If you are interested in seeing how one court has resolved issues similar to the issues presented in your question, read the Ninth Circuit Court of Appeal's decision in Toyota Motor Sales, U.S.A., Inc. v. Farzad Tabari, et al., No. 07-55344 (9th Cir. July 8, 2010), linked here: http://law.justia.com/cases/federal/appellate-courts/ca9/07-55344/07-55344-2011-02-25.html. The most important thing to note about the decision is that the court's opinion considered multiple factors, not just the domain name, and a good attorney would need to discuss your specific plans in much more detail before giving you any meaningful advice. If you decide to proceed without an attorney, consider reading some books about e-commerce law and be careful.

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  • Do I need to register for an Assumed Name if my website is different from my LLC name?

    I bought a website domain under my own name. Let's pretend that it's called www.mycoolstore.com. Then I registered an LLC with the MN state dept where I am the sole member. Let's call it Tom's Holdings, LLC. Do I need to register for an Assumed N...

    Draeke’s Answer

    Assumed names in Minnesota are governed by Minnesota Statute 333. If you intend to resolve these issues without an attorney, you may want to review the potentially relevant provisions that concern assumed names, for example 322.01. Note that there are procedural requirements that must be followed to properly register an assumed name. Various resources for self-help exist if you do not want to hire an attorney. Avvo may help you find an attorney and get general advice about business law, but you should not expect a specific answer based on the limited information you can provide here. For example, the answer to your question "Is it problematic that the domain name is registered in my name?" may depend on facts that are not available here. Good luck.

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  • How do trademark search companies check what trademarks have been registered in all 50 states?

    How do trademark search companies check what trademarks have been registered in all 50 states when most states do not have online searchable databases of registered marks?

    Draeke’s Answer

    Trademark search companies will access state records or their own databases (derived from state records). The U.S. government provides a list of links to the various state websites that may have information about state-registered trademarks: http://www.uspto.gov/trademarks/process/State_Trademark_Links.jsp
    Note that using Avvo may help you find an attorney and get general advice about intellectual property law, but you should not expect a specific answer based on the limited information you can provide here. Good luck.

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  • Does a person who was added onto a MN LLC Registration as an organizer, but is not a member, have any legal rights or claims?

    A person with business organizational knowledge was incorrectly added as an organizer to a newly set up LLC. That person is not a member and is intended to be an integral, but paid-for-services only, employee. The person has put no money up front ...

    Draeke’s Answer

    Minnesota limited liability companies are governed by Minnesota Statute 322B. If you intend to resolve this issue without an attorney, you may want to look at the potentially relevant provisions that concern organizers, for example 322B.60. You may also want to look at provisions affecting amendments to the articles of organization, for example 322B.14 and 322B.145. A website like Avvo may help you find an attorney and get general advice about business law, but you should not expect a specific answer based on the limited information you can provide here. There could be additional facts that affect the analysis of the issue you have described. Good luck.

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  • Can you copyright/patent/trademark the use of an anchor as a bracelet clasp?

    kjp.com is trying to get me to remove my bracelets from etsy.com/shop/knoticalknovelties that use anchors as clasps. At first he claimed that my designs were too similar, now he claims it's because of anchor clasps. These are my own, original desi...

    Draeke’s Answer

    Kiel James Patrick may have intellectual property rights that protect a clasp shaped like an anchor. However, some companies overreach in the enforcement of their intellectual property. A good attorney will review the correspondences you have received from KJP and evaluate the claims they are making against you. A website like Avvo may help you find an attorney and get general advice about intellectual property law, but you should not expect a specific answer based on the limited information you can provide here.

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  • Trademark for business: do I need to register one class or two?

    I am starting a business manufacturing a food product. I want to sell branded accessories like shirts and mug for my product. Do I register one class for the food product and it will protect me from other people using my logo and name or do I need...

    Draeke’s Answer

    Great question - the smartest thing to do here is to consult with a trademark lawyer. What you are asking about is a common situation, but it's more nuanced than you might expect. There may be additional issues you have overlooked. However, to give you a general answer that is not specific to your situation, you would typically clear a mark in all of the classes of goods and services that relate to your business. Then, if the mark appears to be available, you would typically apply to register the mark in each class in connection with all of the goods or services you provide, or genuinely intend to provide, under the mark. Your specific mark, business, or budget may require a different approach. For that reason, and to address other issues you may not know about, it would be wise for you to consult with an affordable trademark lawyer before proceeding any further.

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