Bruce E. Burdick’s Answers

Bruce E. Burdick

Alton Intellectual Property Law Attorney.

Contributor Level 20
  1. Do I need permission to use the Better Business Bureau Logo if I'm unaccredited with their organization?

    Answered about 1 year ago.

    1. Adam Edward Urbanczyk
    2. Bruce E. Burdick
    3. Michael Charles Doland
    4. Alan James Brinkmeier
    5. Sreenivasarao Vepachedu
    5 lawyer answers

    You can say your company has zero complaints lodged with the BBB. You cannot use their logo without their express permission, which they won't give unless you pay for such permission. You don't get to use other people's property just because you would like. Use of the BBB logo (certification mark) without permission is a violation of trademark law and is a form of unfair competition in violation of federal law 15 USC 1125. It also violates Illinois law to falsely imply you are accredited with...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is this "America's Got Talent" contract good to sign? It seems to be 'over the top' but maybe I'm wrong?

    Answered 6 months ago.

    1. Bruce E. Burdick
    2. Rochelle S. Rabin
    3. Frank Anthony Natoli
    4. Bartley F Day
    4 lawyer answers

    There is a third option.don't sign, but don't walk away.instead have an Entertainment lawyer review and try to negotiate something reasonable. AGT, VOICE, Idol,DWTS, etc all have very one-sided contracts since they have all the negotiating power. A great Entertainment lawyer might have connections to even things a little. I don't click on asker links.

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  3. How do I transfer the rights of an IP I created from a corporation I created back to myself.

    Answered over 1 year ago.

    1. Jason Harris Rosenblum
    2. Bruce E. Burdick
    3. Trina Ann Longo
    4. Arthur A. Zorio
    4 lawyer answers

    Provided you use an attorney, this should be a simple matter of assignment back to you, provided you are the only shareholder, If you're a majority shareholder and not the only shareholder you need to see a business lawyer to do this properly so you don't end up later with a shareholder claim against you. The registered trademark can be assigned to you and the assignment recorded at the USPTO, which maintains an assignment database and updates their trademark database to show the last listed...

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  4. Can slang, misspellings or misspelled slang words be trademarked?

    Answered about 2 years ago.

    1. Bruce E. Burdick
    2. William Leroy Montague Jr.
    3. Gerry J. Elman
    3 lawyer answers

    Yes, if available. I think you mean can they be registered at the USPTO (www.uspto.gov). Sure, if not descriptive, not likely to be confused with a prior trademark, not unacceptably scandalous or profane, and not otherwise disqualified. As to TREADZ, unless you are Erin Zalinski there may be a problem. Also, there is a huge descriptiveness problem. Frankly, this is a lousy choice for a trademark for those products. Pick about five alternate names and then see a trademark attorney for a TESS...

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  5. Are the names of cities and states trademarked?

    Answered about 2 years ago.

    1. Bruce E. Burdick
    2. William Leroy Montague Jr.
    3. Mario Sergio Golab
    4. Daniel Nathan Ballard
    4 lawyer answers

    The names you mention are common geographical terms and thus public domain. Just steer clear of anyone else's brand names, artwork, logos, special typestyle or slogans and you should be fine. For example "Florida" or "Florida beaches" or "St. Pete Beach" is okay, "Florida Marlins" or "Florida Gators" is likely not okay. "California" "California beaches" or "Redondo Beach, CA" or "California redwoods" is okay, but "California Golden Bears" or "California Dreamin'" is likely not.

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  6. What law can do to the person who purchased the stolen property with the knowledge its stolen?

    Answered over 2 years ago.

    1. Bruce E. Burdick
    2. Daniel Nathan Ballard
    3. Mario Sergio Golab
    4. Maurice N Ross
    4 lawyer answers

    The way law help you take action is you go see an intellectual property lawyer who has experience in software, copyright, trademark and patent law and discuss the specifics. You should have a case, and perhaps a substantial one as you seem to have proof that this was deliberate. There are a lot of good software IP lawyers in Palo Alto and in Silicon Valley, so find one and ask for a free initial consultation and go from there.

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  7. Trademark infringement on my website? I want to use something and not sure if it's legal?

    Answered 4 months ago.

    1. Bruce E. Burdick
    2. Mark Wayne Good
    3. Maurice N Ross
    3 lawyer answers

    You just made sure it's illegal by posting your question here on Avvo. Avvo answers rank high on Google, so now if 1-800-Dentist monitors their brand, and they surely do, a Google search will produce this question and this question shows you have intent to trade off their servicemark. This is, as my colleague notes, an area of hot discussion in Trademark Law as the law tries to keep up with technology. The question of whether buying your competitors brand name under Google AdWords for example,...

    9 lawyers agreed with this answer

  8. Can terms of use/privacy policies on a website be copyrighted?

    Answered 5 months ago.

    1. Bruce E. Burdick
    2. Gary Ralph Ilmanen
    3. Frank Anthony Natoli
    4. Lawrence G. Walters
    5. Andrew Mark Jaffe
    5 lawyer answers

    Can?? They are, under 17 USC 102 automatically if original. But, worse, it is foolish to take someone else's legal forms. If you don't know enough to create your own, you don't know enough to know if the form fits your needs. Copyright infringement is not your major problem when you do this. Poor business judgment and lack of ethical standards will not serve you well, and can lead to serious, and often unappreciated legal risks. I strongly caution against swiping forms unless you are a lawyer...

    9 lawyers agreed with this answer

  9. Do I have a right to sue for infringement of Copyright for public performance of my musical recording made in 1973?

    Answered 6 months ago.

    1. Bruce E. Burdick
    2. Valerie Lovely
    3. Bartley F Day
    4. Glenn Johnston
    4 lawyer answers

    No. You have long ago lost your right to sue due to expiration of the 3 year statute of limitations for civil actions for copyright infringement. And, you cannot sue for copyright infringement without having a copyright registration, and without a registration filed within 3 months of first publication, you have lost the right to statutory damages and attorney fees, which means you would have to (1) register your copyright, (2) pay all attorney fees involved, (3) only get actual damages....

    9 lawyers agreed with this answer

  10. What constitutes trademark infringement in literature?

    Answered 10 months ago.

    1. Bruce E. Burdick
    2. Frank Anthony Natoli
    3. Maurice N Ross
    4. Robert Jason De Groot
    4 lawyer answers

    Q:" Is it considered trademark infringement if I directly reference trademarked properties? For instance, is it infringement if I write, "He was playing the video game The Legend of Zelda..."?" A: No, that is legal since you are truthfully referring to the product by it's brand name. That is called "nominative use". For example, how else can you say "I drank a PEPSI." and still get the message across? "I drank a cola" doesn't do it, because most people would think you meant "The Real Thing"...

    9 lawyers agreed with this answer

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