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Bruce E. Burdick

Bruce Burdick’s Answers

8,258 total


  • Software right

    I developped a software for a company that saves them few hundreds of thousand dollars every year. This was done with the intention to make my job easy but then the company adopted it and deployed it nation wide without my conscent or approval. ...

    Bruce’s Answer

    More likely is the company can ask you to stop making, using, or selling the software, as it is likely theirs not yours. Unless there is a written agreement otherwise, the company, not you is deemed the author and the copyright owner.

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  • I authored a book in 1989. To date I have never received any sales reports, royalties, nothing. What can I do to obtain justice

    Nature Walks in Orange County CA was submitted in 1981 to Padre Productions, Bear Flag Book, San Luis Obispo, CA and was finally published in 1989. The publisher, Karen Reinecke, now lives in Arroyo Grande, CA, 1725 Bee Canyon Rd. Despite my attem...

    Bruce’s Answer

    Yes, you should contact a contract litigator to enforce your agreement, and to review any statue of limitations, lashes and estoppel issues.

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  • If I own a coffee shop, can I play local, independent music?

    If I have the consent of the of the musician, and there is no licensing involved with the music I'm playing, am I legally able to play their music in my shop? Is there any risk of copyright infringement if the songs aren't owned by PRO, ASCAP, or ...

    Bruce’s Answer

    At your serious risk. Do that and you will eventually get caught by ASCAP, BMI, or SESAC violating copyright. The PROs have investigators that focus on those public places that generally would be expected to have a blanket license but don't. They do that to get new customers and protect composers. Do you really think it smart too putt yourself in their crosshairs? If your establishment exceeds the size limits for exemption, you should probably get the blanket license. Not doing so is usually a long term mistake.

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  • Can I trademark common words

    Can I trademark the name WhiteBlueBox or whitebluebox.com (this is not a real name, I'm using it as an example of an idea we have in mind)? We are planning to launch our own website and wonder if the name we have, which consist from similar words ...

    Bruce’s Answer

    Possibly, but a clearance search is needed to know and the specific mark you want to adopt is what must be searched. Common words tend to present more conflicts and require extra effort to protect due to the public's right to freely use common words for their common meaning.

    Rights to trademarks are acquired in the USA primarily by use and secondly by registration. In many other countries rights are primarily obtained by registration.

    You need to consult an IP attorney as you can't get enough here for free to satisfy your needs.

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  • Do I need to hire an in-state lawyer to represent me in a copyright infringement ?

    I need a lawyer to represent me in a copyright infringement case. Do I need to hire someone in my state or can I hire someone out of state to represent me and, if needed, even to go to court. Thanks!

    Bruce’s Answer

    Depends on the stage of the case, where the cases is filed, whether you have in house counsel, and whether you are plaintiff or defendant. You could start with a copyright lawyer in any jurisdiction, and that lawyer can hire local counsel as needed. Quality specific too your situation is often much more important than location. The Internet, video conferencing and video chat, text messaging, and fax make across the country almost as convenient as next door. Copyright infringements are usually decided on Federal law issues, but they vary somewhat from jurisdiction to jurisdiction. We would want more detail to give a specific recommendation in your caseMost litigants start with someone local if IP expertise is available locally. If you are in Dallas, there are lots of good copyright attorneys available to choose from.

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  • My son received a cease and desist letter from Pointer brand protection & research. Should he sign the cease and desist page?

    He was purchasing knock off Nike jerseys from China and reselling them on his website. They want him to sign off on a declaration page they emailed him. Should he sign this and mail back to them or can he just shut down his website to avoid any ot...

    Bruce’s Answer

    No, he should not sign it. He should go immediately to a trademark lawyer or intellectual-property lawyer and have this reviewed. Only the lawyer should then write the other party back.

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  • If an LLC changes in name but the same persons who originally were part of the first LLC are the owners of the second, are they

    required by law to keep all the business records of the first? If, for example, the 1st one paid cash out every month to a specific employee for over 2 years, are the business records still in possession of the 2nd LLC?

    Bruce’s Answer

    A mere name change is just that. There is no new LLC. So, it seems that the obligations of the LLC absent any other change.

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  • As a sole proprietor, can I register my business/ fictitious business name in a nearby state where I occasionally work?

    My state of residence (PA) has very expensive filing requirements, and I work on the road mostly anyway. At the moment I don't even have any home office expenses or a steady home office. I just need an address to put on my agreements and to recei...

    Bruce’s Answer

    Contact a business Lawyer license in New Jersey. Asked them how to do this and they will have an answer for you. Where there is a will and money there is a way.

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  • A trade mark is comprised of a sign which must be ?

    A trade mark is comprised of a sign which must be ? which is the correct answer ? 1. colorful 2.capable of being reproduction 3. capable of being represented graphically 4. all of the above

    Bruce’s Answer

    The Correct answer is that you should not ask this question. You should do your own homework. Also, your professor has, apparently, a misconception if you typed the question correctly.

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  • I have a question about the legal principle Precedent. Can u use a case that settled out of court as a precedent

    Hi guys, I have a question about the legal principle Precedent. In Holland, once a court made it's ruling public, you could use that case as a precedent in any future cases. However, you can't use a lower court ruling as a precedent, if a...

    Bruce’s Answer

    Yes. What you appear to be saying is that a lower court decision was appealed and the case settled before the appeal was decided. In that situation the appeal is dismissed, so the lower court decision still stands and can be cited as a precedent. The party against whom the case is cited as president would surely argue that the precedent is very weak because the case was settled on appeal. That is really just common sense.

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