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Bruce E. Burdick

Bruce Burdick’s Answers

8,258 total


  • Trade Marking a name

    I play in a band and before we release our music to the internet we want to trademark out name. We know how to go about copyrighting music but not trademarking. I have looked at various government websites about trademarking but all I can find are...

    Bruce’s Answer

    You go about "trademarking" by choosing an available mark for adoption in trade (hence the name "trademark") and being the first to begin using the mark in commerce before others. Someone who can help is a "trademark lawyer". You should have an IP lawyer clear the mark, advise you on strength and correct usage of the chosen mark, and register the mark at the USPTO. Anything less is not good business practice and entails significant risk of conflict.

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  • Trade secrecy is routinely used to protect ?

    trade secrecy is routinely used to protect ? which one is correct ? 1. innovative ideas that are being generated/prepared with a view to patenting before exploitation 2. the trading performance of limited companies 3. aesthetic creations in th...

    Bruce’s Answer

    (a) you are a cheating student,
    (b) you are cheating yourself.
    (c) you should Google "trade secret", or
    (d) all of the above.

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  • Copyright subsist on ?

    copyright subsist on ? which is the correct answer ? 1. creation (in a fixed form ) of a literary dramatic or musical work 2.application for a copyright in literary dramatic or musical work 3.grant of copyright literary dramatic or musical work...

    Bruce’s Answer

    None of those is precisely correct. Omits "tangible medium". And, best to subsist in another course if you can't subsist in this one by creating your own work in tangible form without cheating.

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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

    You mistyped the second option. It's reproduced not reproduction. Marks can be sights or smells or sounds, which are not graphic or colored.

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  • Are court opinions subject to copyright, or can I freely post them on a website?

    I want to put a case opinion on a webpage.

    Bruce’s Answer

    Get the actual opinion from the court site, directly or indirectly. Google Scholar or Justia links will suffice. This is very common practice on many sites. www.TechDirt.com is a good example of how to do it with embeds.

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  • How long after an author's death is his work in the public domain?

    I would like to know when "Rudolph The Red-nosed Reindeer" will be in the public domain.

    Bruce’s Answer

    • Selected as best answer

    Until 12/31/2034 as to the original print version. Likely until 2059 as to the 1964 animated TV version. You have a misconception. A work for hire like Rudolph The Red Nosed Reindeer lasts 95 years from first publication, which was 1939. Montgomery Ward's owned the rights, since Bob May was an employee, a copywriter, but returned the rights to May in 1947. May sold the rights which are now owned by the Rudolph Company, L.P.

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  • "What do I need to do to protect my idea from being taken by the person I talk to in reference to creating an "APP" for a busine

    I'm concerned that the people I talk to about the details of my business idea could take the info and create the "APP" for themselves

    Bruce’s Answer

    A trademark, a secrecy agreement, a work for hire agreement, a copyright, a patent application, and money. Even then it will likely not work for long, except possibly for the trademark, and then only if you get popular enough before you get copied. Apps are so numerous and copying so rampant and so global that first mover advantage is often all you really have to build upon. Use an IP attorney to assist in developing your strategy.

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  • I recently received a US patent on some intellectual property and I am looking for an attorney to help me enforce my patent...

    US patent ( US 8,877,048 B1) "Cascading System of Flood-way Stormwater Containment Basins" Is a drainage system I designed that can eliminate stormwater flows into tidal waters, lakes and rivers, with a very simple, easily duplicated process. R...

    Bruce’s Answer

    If you are paying the fees and expenses, you will find many excellent litigators willing, able, and ready; otherwise likely not. Patent litigation against Governmental organizations is a perilous journey against steep odds and contingent fee attorneys rarely will take cases against the Government as the cases typically take so long and cost so much that only major companies can do it.

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  • Are state flags and the outlines of states (as they appear on a map) public domain or are they somehow copyrighted?

    I have an idea about creating some designs and embedding the image of states into state flags is important to each design. I'd also like to make a profit selling these slightly altered (but recognizable) state flag designs (on t-shirts, posters, e...

    Bruce’s Answer

    The problem is not copyright infringement but rather unauthorized use. You generally can use state flags descriptively so long as you avoid and false implication of affiliation with or endorsement by the state.

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