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Thomas Porter Howard
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Thomas Howard’s Answers

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  • What effect does Precedent have in trademark applications ?

    I applied for a trademark and it was refused registration due to a liklihood of confusion with a registered mark. Will it be of any use to point out to the examiner in my response that the same exact mark I applied for on the same exact same good...

    Thomas’s Answer

    In order to prepare a response to a 2(d) action an attorney needs to see the application and the office action. Here I have neither, which leaves me with little to go by but your statement that the previous examiner issued a notice of allowance "less than a year ago." In that time an additional registration or application may have issued that conflicts with your mark. That would explain the revised finding. Alternatively, the new examiner is not bound by the decision of the prior examiner, and may have come up with new facts that that the prior examiner missed, or simply a different analysis of your application. Without being able to see your application, the current office action, and the entire prior filing, I can't tell you whether the fact of the prior examiner's different finding would be at all likely to modify the current examiner's reasoning. I would strongly recommend that you retain trademark counsel.

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  • I am looking to start an online internet radio. I need to know what kind of license i need to stream copyright music.

    I am looking to start an online internet radio. I need to know what kind of license i need to stream copyright music.

    Thomas’s Answer

    As Andrew previously noted, you will need to obtain a copyright license through performing rights organizations that represent the parties whose copyrighted works you wish to stream, such as ASCAP or BMI. ASCAP and BMI both represent performers and act as agents to license the use of their works in exchange for the collection of royalties. You can research obtaining an ASCAP license at http://www.ascap.com/licensing/licensefinder; BMI at http://www.bmi.com/licensing. Depending on the type of works that you are hoping to stream, other agencies my represent the artists at issue. Do not stream copyrighted works of others without obtaining a license.

    Best of luck. If you need any further help, let me know.

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  • I'm retired Army and spent $10K of my GI Bill to a school i believe was a fraudulant academy -COAGS in Mesa, Colorado. Litigate?

    I need a lawyer to help me get my GI Bill money plus expenses back from this fraud. I have enough proof to start a case i believe, with witnesses, i just don't have thousands of dollars to spend on a five minute consultation so here's the basics: ...

    Thomas’s Answer

    I would suggest that you search for a Colorado attorney on www.cobar.org, the Colorado Bar Association web page, using its attorney search page.

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  • Someone is going to put me on the Internet without my permission if I ask her to take it down and she doesn't can I sue

    I am 12 and this is a school project

    Thomas’s Answer

    You should bring this up with your teacher and/or the school administration, like your counselor, and most importantly, your parents. Neither your picture or your name should be posted on the Internet without your permission. Under Colorado law, you have a right of privacy and own the right over your image, and nobody can use the same without your permission.

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  • Suppose if the private seller tells the buyer and have the buyer the car as is and the buyer signs the document?

    I have read this article and my question is that I have sold a salvage title car as salvage and "AS IS". I have a document that says three times on the document that the car is "AS IS" and it has a salvage title. Can the buyer sues me for the re...

    Thomas’s Answer

    "As is" sounds pretty clear to me. "As is" three times sounds even clearer. "Salvage title" sounds even more clear. It sounds to me, from what you are describing, like somebody is making threats in an attempt to get something more than what they they paid for. As the previous commentor stated, where's the fraud? I must be missing something.

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  • My car was towed a few days ago from a spot that was unmarked. Can they do this?

    My receipt shows that the vehicle was towed for being parked in a fire lane, yet there is no red marking on the curb, no "No-Parking Sign," and no "Fire-Lane Sign," near where the car is parked. The vehicle was also not obstructing any other vehi...

    Thomas’s Answer

    I agree with the previous respondant that you could take this to small claims court, but the time and effort involved, versus the risk of a negative result, make it an uncertain endevour at best. This indeed sounds like the type of situation that is best put behind you.

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  • I have to do 4 Trademarks. 2 for company names, 2 for company logos. How expensive is it?

    Essentially is it possible to get it done for abt $2,000 for all 4 TMs? Any advice on where to look? LegalZoom scares me as it doesnt seem rock solid enough.

    Thomas’s Answer

    This firm can file your four trademarks for under $2000, but that will not include the per class filing fees that have to be paid to the Patent and Trademark Office. If you would like to discuss the same, feel free to call our office.

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  • I am a composer, trying to approach a Hollywood, as film soundtrack composer.

    I saw on Youtube some composers like me upload which they composed for new up-coming Hollywood film. So my question is: is this legal and do I have rights to upload my composed by me soundtrack to Youtube, and at the title of it write" The soun...

    Thomas’s Answer

    You cannot use the intellectual property of the studios without license or permission. Here, you are fraudulently linking the name of the studio's film with your sountrack. Such an action would comprise fraud, trademark infringment, trademark counterfeiting, false adverting, unjust enrichment, and deceptive trade practices, among other issues. The studio be likely to file a lawsuit, and it is quite possible that those having an intellectual property interest in the relevant film's soundtrack would join in that suit.

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  • Can companies lose their trademark if they do not police noncommercial, unlicensed uses of their mark?

    Let's say I'm the trademark holder of Star Wars. A bunch of fans decide to develop a completely free, noncommercial fanmade game solely out of their love for the franchise, a game which explicitly states that, being completely fanmade, it is not...

    Thomas’s Answer

    What you are asking is whether the failure to act by the holder of the trademark in the instance that you describe would constitue a waiver of its trademark rights, or whether it would estop the trademark owner from claiming trademark infringement against a third party in the future. The answer is no, under these facts. You have failed to provide any evidence of a “clear, decisive and unequivocal” intent by the owner of the mark to relinquish any of its trademark rights. The trademark owner's “failure to act, without more, is insufficient evidence of [its] intent to waive its right to claim infringement.” Novell, Inc. v. Weird Stuff, Inc., No. C92–20467, 0094 WL 16458729, at *12–13 (N.D.Cal. Aug. 2, 1993); Adidas-America, Inc. v. Payless Shoesource, Inc. 546 F.Supp.2d 1029, 1074 (Dist. Or. 2008).

    If you are actually in this position with regards to a mark of your own, I would advise you to obtain legal counsel and have the specific facts examined.

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  • Can a corporation bring evideince to lawsuit against plantiff ,if in prior unemployment case they claimed not to have.

    Can a corporation bring cameras,as evideince against their opponent if the corporation testified in court in the unemployment case that they had no cameras.

    Thomas’s Answer

    You question as stated is very unclear. You did not define who the "opponent" is and you did not define what "the unemployment case" is or was. For that reason, the question is impossible to address. Clearly, you need to obtain an attorney and explain the facts in more detail so that you can obtain proper legal advise.

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