Thomas Porter Howard’s Answers

Thomas Porter Howard

Louisville Copyright Infringement Attorney.

Contributor Level 8
  1. A website developer claims I bought a website. When does title pass. There is no written contract. Thank you

    Answered over 1 year ago.

    1. Daniel Nathan Ballard
    2. Thomas Porter Howard
    3. Christine C McCall
    4. Robert John Murillo
    5. Maurice N Ross
    5 lawyer answers

    You have a dispute in the case as to whether or not an oral contract existed. You say there was no oral contract. The website developer claims that you entered into an oral contract with him to purchase a website and, in reliance on your promise to pay, carried out that task and delivered the website. The developer then invoiced you, but you rejected the website and refused to pay. He then took the website back. You do not mention whether he is still attempting to collect, but it appears...

    10 lawyers agreed with this answer

  2. Can a product mark oppose a service mark over the same name?

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. James Juo
    3. John E. Whitaker
    4. Bruce E. Burdick
    5. Michael P Matesky II
    5 lawyer answers

    What you are describing to me is the attempted use of your registered mark in commerce, without license or permission, by another party in the same or a very similar field of use, i.e., food products. In your case, your are labling food products, in their case, they are labling the delivery services accompanying food products. The issue here is whether "consumer confusion" would arise from the use of an identical mark in the same field of use (food products). I would argue that it would, and...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. James Juo
    3. Bruce E. Burdick
    4. Maurice N Ross
    4 lawyer answers

    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'...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Does studio/producer have any rights to my song? I am not using his recording and there was no contract involved. HELP a artist!

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. Daniel Nathan Ballard
    3. Bruce E. Burdick
    3 lawyer answers

    From what you have written, it sounds as though you already had a common law copyright to the musical work at issue at the time that you began dealing with this party. What appears to have resulted, or began to result, is the creation of a derivative work based upon the same. Pursuant to the Copyright Act, 17 U.S.C. Section 106, a derivative work belongs to the author of the original work. I cannot determinatively answer your questions, however, without speaking to you and determining /...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can we amend a trademark we own, after someone has filed a petition to cancel that mark?

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. Frank Anthony Natoli
    3. Gene Bolmarcich
    3 lawyer answers

    A petition to cancel requires the filing of a well thought out answer or response, and if not swiftly settled, can be followed by full discovery, summary judgment motions, final written briefs and, if requested, final arguments before the TTAB. As with a trademark opposition, the matter must be litigated pursuant to the TTAB's administrative rules and the deadlines set forth by the TTAB. It is not an action to be handled on a pro se basis, or via advice obtained through this website. You...

    3 lawyers agreed with this answer

  6. If I trademark a logo similar to one used by a small company that does not have it trademarked, can they take any legal action?

    Answered over 1 year ago.

    1. Bruce E. Burdick
    2. Pamela Koslyn
    3. Thomas Porter Howard
    4. Kevin Lewis King
    5. Angela Small Booth
    6. ···
    6 lawyer answers

    Trademark rights are indeed based on priority of use in commerce. Were you to file a registration, the prior user might file a trademark opposition or file a petition to cancel, arguing that they had first use. The issues would then focus, among other things, on the alleged date of first use under common law and the geographical limitations on that alleged use.

    4 lawyers agreed with this answer

  7. Need to hire a lawyer for social media education company

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. Michael Charles Doland
    3. Galen Gentry
    4. David Nima Sharifi
    5. Andrew Mark Jaffe
    5 lawyer answers

    In order to properly address your question you will have to retain an attorney to conduct an analysis of your business and the video based education that it currently or prospectively provides. Then counsel can address your question and make suggestions. Those suggestions would probably extend beyond solely the insertion of a terms of use, privacy and copyright policy. Some of the other legal issues to consider include the fact that, to the degree that you have created fixed original work,...

    4 lawyers agreed with this answer

  8. Am I infringing copyright if I borrow secondary characters from a video game for use in a novel?

    Answered over 2 years ago.

    1. James Juo
    2. Molly Cristin Hansen
    3. John E. Whitaker
    4. Thomas Porter Howard
    5. Daniel Gary Rosenthal
    5 lawyer answers

    The two previous answers do good job of addressing the primary issue raised, which is whether or not you are creating a derivative work. They also looked at whether the defense of fair use applies under the facts at hand. Pursuant to Title 17, Section 106, derivative works arising from the copyrighted work belong to the copyright owner. In the Seventh Circuit the court would conduct a copyright infringement analysis by determining (1) whether a party had access to the copyrighted work...

    4 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. Scott Richard Kaufman
    3. Daniel Nelson Deasy
    3 lawyer answers

    "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.

    2 lawyers agreed with this answer

  10. I have a civil suit in Denver federal district court alleging protracted intentional police misconduct over a 27 year period.

    Answered over 1 year ago.

    1. Thomas Porter Howard
    2. Stephen Clark Harkess
    3. Rebecca Mccormick Pepin
    3 lawyer answers

    This is a website at which attorneys provide general legal advice. If you expect to litigate a complex civil case alleging multiple claims against the City and County of Denver Colorado in federal court, you have to have counsel. It is just that simple. Hire a good attorney, and stop trying to litigate this matter via this website.

    2 lawyers agreed with this answer

Trademark and copyright litigation, registration and licensing. 18 years experience.

303-665-9845