Gordon T. Arnold's Answers

Trademark Rights, Infringement and Dilution

Normally, we are able to negotiate a settlment that allows firms to do business without the expense of litigation. The strategy behind that is not something you would want discussed in this public forum, which you should presume is being read by the lawyers who sent you the letters. From what you describe, you should obtain confidential representation quickly. Gordon Arnold Direct: 713-972-1649

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I want to start a business that will be using two items that are already used,one is college emblems, how do I get rights to use

Many colleges license through an organization called that Collegiate Licensing Company. Their web address is: www.clc.com. We have represented clients in licensing with them in the past. Please don't hesitate to contact us if we can be of help. Gordon Arnold Houston, TX 713-972-1649

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HOW CAN I PROTECT MY WORK PRODUCT AND PROPRIETARY DATA FROM COPYRIGHT INFRINGEMENT OF A CANADIAN TRANSPORTATION COMPANY/Part 2

You are at the point where you should discuss this matter with a copyright lawyer -- preferably in Texas. You should not post more details on a public site. I am in Houston. If you want to discuss it with a Dallas copyright lawyer, call and I'll give you some folks to try there, too. 713-972-1649

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Do I have to get permission from the owner of a building if I sell a painting of that building?

Your view of whether a particular building in Houston is historic may differ from the view of the building's owner. However, you might consider whether the owner might actually want the building publicized. Depending on the building, and who the owner is, you may end up in a discussion with them that could be good for both of you. But I would approach them with care. By the way, be sure to register the copyright in your photos. It is not expensive and may make the difference between...

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How serious is a cease and desist letter and can't i just stop using their brand after receiving it?

The following link from Disney: https://licensing.disney.com/Home/display.jsp?contentId=dcp_home_help_help_become_licensee_en&forPrint=false&language=en&preview=false&imageShow=0&pressRoom=US&translationOf=null&region=0&ccPK=null is a description of their licensing program for consumer products. You'll want a lawyer to help you through this. Non-legal advice that is applicable to a lot of folks in business: If someone else's character is going to give a big boost to your product,...

Legal use of Domain names

Yes. There are claims you can bring aginast someone who is infringing your mark or using a domain name in which you have rights. You don't give enough facts here to give specific answers, but you would not want to post all the facts on a public site. You should talk to a trademark lawyer, in private, to determine what can be done. Likely they will discuss the basics with you without charging a fee. Gordon Arnold Houston, TX 713-972-1649

Is it a violation of copyright law to copy a record album onto a dvd, for a fee?

If the organization is set up correctly, and contracts with the clients are rigourous, it should be possible to provide that service for a fee, but as you see from other answers, care should be taken. Gordon Arnold Houston, TX Direct: 713-972-1649