Bruce E. Burdick’s Guides

Bruce E. Burdick

Alton Trademark Infringement Attorney.

Contributor Level 19
  1. Is it legal to use the likeness of a famous photograph in a new design?

    Written by attorney Bruce Burdick, 1 day ago.

    This poses problems under copyright law (17 USC 501), under rights of publicity of the subject of the photograph, and perhaps under trademark law if brand names are involved. This needs permission of the photographer. Copyright damages can be serious, up to $150,000 plus attorney...

  2. When a patent pending is about to expire can you get patent pending back by refiling?

    Written by attorney Bruce Burdick, 2 days ago.

    Yes, but there is a better procedure for novices called a 24 Month Provisional. See my legal guide on that at http://www.avvo.com/legal-guides/ugc/is-there-a-24-month-provision-patent-application Since a provisional patent application is not published and is preserved in secrecy...

  3. How do I get copyrighted material removed from a website?

    Written by attorney Bruce Burdick, 2 days ago.

    The Copyright Act provides a way. 17 USC 512 http://www.law.cornell.edu/uscode/text/17/512 is the relevant statute and is known as the DMCA (Digital Millenium Copyright Act). It provides a "safe harbor" for Internet websites hosting third party content that the host does not con...

  4. Does a designer or the client own drawings and design?

    Written by attorney Bruce Burdick, 3 days ago.

    If you are the designer, this issue is important to you, but may not be the solution to getting paid. You own the copyright to the drawings and design if the contract does not say otherwise. Transfers of copyright must be in writing. However, that is just the beginning and may d...

  5. Can I Help Nursing Home Patients Knowingly Buy Counterfeit Goods?

    Written by attorney Bruce Burdick, 3 days ago.

    People often want to play Robin Hood, so we have gotten several questions that go something like this: -People buying the knock offs are aware they aren't authentic, -The population here could not afford an authentic piece. -We simply provide this service as a courtesy to our em...

  6. What is the latest software that the USPTO Electronic Filing System (EFS) accepts?

    Written by attorney Bruce Burdick, 3 days ago.

    You can check in two places, the first being the more comprehensive: 1. EFS-Web Compatible Hardware and Software which includes information on compatible hardware and software, including operating systems (Mac OS-X, Windows, RedHat), browsers (Internet Explorer, Firefox), PDF c...

  7. I heard that a work for hire agreement conveys renewal rights to my copyright. Does it?

    Written by attorney Bruce Burdick, 3 days ago.

    NO. One June 11, 2013 the Second Circuit Ct of Appeals in an opinion http://fairuse.stanford.edu/case/gary-friedrich-enters-llc-v-marvel-characters-inc/ by Justice Chin reversed a summary judgment http://scholar.google.com/scholar_case?case=9462157990348005647q=enters+v+marvelhl=...

  8. Can I use brand names (ex: Walmart, Exxon, Ford, McDonald's) in my manuscript?

    Written by attorney Bruce Burdick, 3 days ago.

    If copyright is automatic, then why do people register for copyright? 1. Proof of ownership. Registering copyright with the U.S. Copyright Office creates a public record of the basic information of a work of authorship, such as book, song or painting. 2. Notice of ownership. A r...

  9. If copyright is automatic, why do people register copyrights?

    Written by attorney Bruce Burdick, 3 days ago.

    If copyright is automatic, then why do people register for copyright? 1. Proof of ownership. Registering copyright with the U.S. Copyright Office creates a public record of the basic information of a work of authorship, such as book, song or painting. 2. Notice of ownership. A re...

  10. What statute allows "extortion" sites "wwwmugshot.com" or "www.ripoffreport" to escape liability?

    Written by attorney Bruce Burdick, 6 days ago.

    Well, it is not extortion, since it is currently legal. The Communication Decency Act, which is sort of turned on its head to permit indecent content without liability of the host of the site, provided certain steps are followed. 47 USC 230 - Protection for private blocking an...

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