Bruce E. Burdick’s Answers

Bruce E. Burdick

Alton Intellectual Property Law Attorney.

Contributor Level 20
  1. I received an trademark infringement letter, how do I respond to this?

    Answered about 1 month ago.

    1. Adam Edward Urbanczyk
    2. Bruce E. Burdick
    3. Daniel Mark Levine
    4. Frank Anthony Natoli
    4 lawyer answers

    YOU should not respond. You need to see an intellectual property law attorney and let that attorney advise you and then, if mutually agreeable, prepare and send the response. You did not say who is first. If billion-dollar company is first you have a billion-dollar problem and will need to change your name. If billion-dollar company is second in use, then you have a major problem funding a legal battle against them, and will likely need to change your name. I take it "sample name" is just...

    8 lawyers agreed with this answer

  2. I'm an artist (specifically rapper) looking to protect my intellectual property, should I copyright, or trademark?

    Answered 12 months ago.

    1. Adam Edward Urbanczyk
    2. Bruce E. Burdick
    3. Molly Cristin Hansen
    4. Shimon Yiftach
    5. Maurice N Ross
    6. ···
    9 lawyer answers

    This is a common wrong question here on Avvo. You do not have to choose just one, and it would bad business judgment not to protect both. You also want a servicemark and want that servicemark protected. The answer is BOTH. Both are automatic, but you need to register both to make them really valuable. And, use a lawyer so you are protected as well as possible.

    8 lawyers agreed with this answer

  3. What are the reasons why a lawyer requests a different judge??!

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. David Matthew Gotzh
    3. Andrewe William Johnson
    3 lawyer answers

    Why a SOJ? to get one more favorable, slower, faster, less timely, more timely, less rigid, more rigid, or any reason or no reason. Each party gets one Substituion of Judge as a matter of right under 735 ILCS 5/2-1001 if prior to ruling on substantial issue or with consent. Substitution for cause is by Petition which must state why.

    8 lawyers agreed with this answer

  4. Live in my moms house she died left it to me and my siblings can they sell it without my consent

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Brian W. Erikson
    3. Paula Brown Sinclair
    3 lawyer answers

    I take it there was a will leaving the house to you and your siblings and that one of your siblings is executor and wants to sell the house to get their share of the money. If not, you (and your siblings) need to see an estate lawyer or real estate lawyer (preferably one who does both) to get the title cleared to the house. If the will appointed one of your siblings executor, that executor can indeed sell the house and make you move, although you would be entitled to your proportionate share...

    8 lawyers agreed with this answer

  5. Trademark Case with the TTAB Question. Motion for reconsideration or petition to the director? Do emotions matter with USPTO?

    Answered 2 months ago.

    1. Bruce E. Burdick
    2. Frank Anthony Natoli
    3. Daniel Nathan Ballard
    4. Robert Patrick Mino
    4 lawyer answers

    The option you fail to consider is to do both, first a motion to reconsider and, if denied, a petition. Otherwise, you should expect resentment for having failed to try to resolve at the lowest administrative level. You are correct that reconsideration rarely changes the decision, but it does happen sometimes if you have solid argument. I take it you are an attorney and not a pro se. If you have no new argument a motion to reconsider is likely to be given only cursory review but still makes you...

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  6. How can I sell a story to a film production company and be involved in the making process?

    Answered over 1 year ago.

    1. Bruce E. Burdick
    2. Perrin Ferrari Disner
    3. Daniel Nathan Ballard
    4. Lawrence John Gibney Jr.
    4 lawyer answers

    The production company gave you good advice. You need an attorney, either an IP attorney that handles movies or an entertainment attorney. It is not enough that the writer "agreed to sell the rights", it is necessary that you have a written agreement obligating the writer exclusively to you on this script and the writer has the copyright. It may a Brazilian television studio or network that owns the rights. A good attorney can find out which and get the rights assigned to you. The US film...

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  7. What is the procedure that I should follow before meeting a patent lawyer to protect my idea, in case I don't work with him?

    Answered almost 2 years ago.

    1. Bruce E. Burdick
    2. Michael Charles Doland
    3. Robert Pecco Baker
    3 lawyer answers

    You definitely do not "have it down." You are all fouled up. That is not the way to do it. Craigslist? That's not where contingent fee attorneys look to find clients. And there are approximately zero registered patent attorneys drafting applications on contingency. There are NO registered patent attorneys that "get you a patent for a percentage share in the company" or "for buyout deal at x times the cost of patent lawyer fees" except in the rarest of cases. Trust me, yours is not such a...

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  8. I was sent a record contract from a record company how do I know if it's real or a scam and can I show you the contract?

    Answered over 1 year ago.

    1. Joseph Abraham Bahgat
    2. Bruce E. Burdick
    3. Maurice N Ross
    4. Robert John Murillo
    5. David M. Slater
    6. ···
    10 lawyer answers

    Unless you have misquoted the terms, this sounds like a record company from Nigeria known derogatively as "Dead Scam". $2000 to get your band out there? That is ridiculously low. Add two or three zeros for a band hype blitz. That is a humorous typo that this is for your band to "secede". Indeed if you pay this your band might secede from the country of successful bands and become The Band Under Water. You will recoup your money when you hit a target of 2000CDs? That seems exactly backwards....

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Trademark breach

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Gerry J. Elman
    3. Curtis Lamar Harrington Jr
    3 lawyer answers

    They had BetAdvisor as a service mark for tipster services and BetAdvisor.com as their domain name. They were first. You chose BetAdvisor as a service mark for tipster services and betadvisor.com.au as your domain name. These are arguably generic names and at least highly descriptive. Still, you appear to be infringing their service mark, but it is not clear that with such a descriptive mark that there is much they can do other than object as they have or perhaps open a domain name...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I use photos where logos of different companies are captured?

    Answered 2 months ago.

    1. Bruce E. Burdick
    2. David Christopher Baker
    3. Floyd Edwin Ivey
    3 lawyer answers

    If the brands are incidental background, yes. If the brands are prominently featured such that consumer confusion as to source of your photos possibly being the brand, then NO that is likely trademark infringement. Yes, you could review and rate airlines and show a plane along with it if you have right to reproduce and distribute the photo, such as if you took the photos or got them from a stock photo company. Don't just grab someone else's photo from the Internet, as that can get you in...

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