Bruce E. Burdick’s Answers

Bruce E. Burdick

Alton Intellectual Property Law Attorney.

Contributor Level 20
  1. I design A barbeque pit that shaped and look like football helmet and when I sell them in the color black or sliver.

    Answered almost 3 years ago.

    1. Bruce E. Burdick
    2. Maurice N Ross
    3. Michael Alan Shimokaji
    4. Mario Sergio Golab
    4 lawyer answers

    Q: I design A barbeque pit that shaped and look like football helmet and when I sell them in the color black or sliver. " A: So far, okay. Q: Can a customer have their teams color painted on it. NFL ,High school or Popwarner teams A: They could do that themselves for personal use. Q: " and could I be sue ?" A: If you do it before you sell it, yes indeed you are an infringer and yes you could be sued. Q: "I have a patten on the design." A: That's nice, but irrelevant to the...

    Selected as best answer

  2. What shall I include in a contract with a video producer?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Bruce E. Burdick
    3. Robert J Adams Jr.
    4. Maurice N Ross
    5. David M. Slater
    6. ···
    6 lawyer answers

    You shall include a lawyer reviewing and negotiating said contract or you will likely include onerous terms and leave lots of money on the negotiating table. Just for one example, you did not mention copyright ownership in your question, did you? You just said "full ownership" of the videos. You might own the videos but not the copyright. In fact, that is likely if you don't use an attorney. There are many other nuances you will miss. Sure you could include a Christian value clause,...

    10 lawyers agreed with this answer

  3. I need an entertainment lawyer willing to look over a few single song publishing contracts pro bono. Please help?

    Answered over 1 year ago.

    1. Kelvin P. Green
    2. Marc Jacobson
    3. Bruce E. Burdick
    4. Ivan Jose Parron
    5. Pardis Patrick Ashouri
    6. ···
    6 lawyer answers

    Pro bono? Call UCLA law school and ask if a law student might help you. Or call the Lawyers for the Arts, a volunteer group. You will likely get about what you pay for, but beggars can't always be choosers. Good Luck.

    9 lawyers agreed with this answer

    2 people marked this answer as helpful

  4. Does "prior art" apply to Trademarks?

    Answered over 1 year ago.

    1. Bruce E. Burdick
    2. James Scott Anderson
    3. Maurice N Ross
    3 lawyer answers

    YES, although your terminology is wrong. We call it "priority of use" or "first to use in commerce". Trademarks Rights are established by first use in commerce even without registration, so if you were the first user by eight years then there is the possibility that not only can you keep using your mark but the competitor may be infringing you. If, as I suspect, you mean the competitor has a trademark REGISTRATION for a brand name that you are already using eight years before, it is the...

    10 lawyers agreed with this answer

  5. It may not be valid at all. But does mailing yourself a letter apply to trademark as well as copyright?

    Answered almost 2 years ago.

    1. Bruce E. Burdick
    2. Aaron Earl Morgan
    3. Alexander H Butterman
    4. Dariush G. Adli
    5. Mark Raafat Malek
    6. ···
    8 lawyer answers

    The "Poor Man's Copyright" is a dangerous myth in the United States, and better name for it would be "Fool's Copyright". Since copyright is automatic under Federal law [17 USC 102] and self-mailing confers no statutory damage rights, it is not only useless, it can really hurt you badly by luring you into not getting right to statutory damages, which is the real key to having a valuable copyright.. Copyright registration is the real "poor man's copyright" [as well as the rich man's copyright]....

    10 lawyers agreed with this answer

  6. What are the international copyright and free/fair use protocol for using Internet photos?

    Answered about 2 years ago.

    1. Frank A. Natoli
    2. Maurice N Ross
    3. Bruce E. Burdick
    4. Edwin Drantivy
    5. Todd Matthew Heine
    5 lawyer answers

    The international "protocol" is actually a treaty called the Berne Convention to which the United States adhered March 1, 1989. Rather than new protocols, the treaty greatly simplified copyright protection by eliminating formalities such as copyright registration and notice that had been previously required under United States law. Copyright registration and notice are still very advantageous under US copyright law to enable enforcement and collection of enhanced damages. This means that...

    10 lawyers agreed with this answer

  7. Can I sell work created by a band after one member quits?

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Ivan Jose Parron
    3. David M. Slater
    4. Philip Leon Marcus
    5. James Juo
    5 lawyer answers

    You need an entertainment or IP attorney. You can likely take ownership of the assets of the band, subject to the right of the former member to claim his 50% share of revenue on any joint works and perhaps a 50% share of the band assets at the time he left. If he waives those interests, your attorney say see that waiver is fully established legally. Your attorney will also get the registrations and licenses needed to establish this as your band for the future. Among the more significant assets...

    10 lawyers agreed with this answer

  8. Thinking about doing a trademark search for my small bushiness logo to avoid trademark infringement

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Gergana Hristova Miteva
    3. William S Goldman
    4. Maurice N Ross
    5. Joshua Gerben
    6. ···
    6 lawyer answers

    Q:"Thinking about doing a trademark search for my small bushiness logo to avoid trademark infringement" Answer: Great idea, you should do that before settling on a trademark or logo. Q:"What happens if I do not file a trademark application?." Answer: You might lose your trademark to someone who does file a trademark application, particularly if you are second to use and they are first.. Q:"Can someone else copy my logo and then file a lawsuit against me?" Answer: Even if you are...

    10 lawyers agreed with this answer

  9. Statute of limitations for business lawsuits?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Matthew Ronald Eason
    3. Bruce E. Burdick
    4. Richard Eric Anthony Dwyer
    4 lawyer answers

    See a CA lawyer specializing in IP if this occurred in CA. The SOL may depend on when the misappropriation was discovered or may depend on when the misappropriation occurred, depending on where this occurred. Your post says you are in Sacremento. Look up Attorney Daniel Ballard of Sacremento on Avvo and give him a call

    10 lawyers agreed with this answer

  10. Is it okay to resale brand name women's shoes on my website? Ex. Guess, Nine West, etc.

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Pamela Koslyn
    3. Molly Cristin Hansen
    4. Maurice N Ross
    4 lawyer answers

    Yes,but there are some special steps you need to take: 1. Advertise them accurately - resale not original sale. 2. Disclaim your relationship (none) to the brand name owner. 3. Don't modify the shoes if you are using the brand name. 4. Don't rebrand them as yours. 5. Consult a trademark lawyer, as there may be other issues special to your specific business model.

    10 lawyers agreed with this answer

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