Imran Farooq Vakil's Answers

Is it legal for a student to video and or audio record a teacher in a public school in the state of California without an ok?

Dear Long Beach (CA), I take your question to mean will I face any civil liability for recording a public school teacher (as opposed to will I face criminal punishment)? The answer is that you could be found liable for recording a teacher's work without her consent, and then using such recording for commercial gain. However, if you use such recording for non-commercial educational use (i.e. not collecting fees), then you might fall under the "educational fair use" doctrine limiting your...

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Incorporated name constitutes trademark infringement?

Mr. Phillips' analysis is absolutely correct. I join in his answer.

If I take a photo of a car at a car show, do I have the right to sell my photo as a photo or on mugs or shirts?

I generally agree with the analysis provided above, and people do it all the time, but there is a caveat: You might wish double check if the cars you photographed contains trademarked logos. Then you have to be careful as to how you market those photos. For example, if one were to take an image of a particular the Red Bull Formula1 car , then one must be careful not pass off the images as being "official Formula1" images or otherwise originating from Red Bull. Instead, the photos should...

I think this constitutes a criminal fraud. Am I correct?

Dear Arleta, CA: What your partner is doing is an absolute shame, but not probably actionable under CRIMINAL statutes. However, you probably have causes of action for several CIVIL claims. Most notably, you likely have a case for breach of fiduciary duty, breach of loyalty, fraudulent transfer, fraud, theft of trade secrets, breach of contract, and potential trademark infringement case against your former partner. I strongly recommend that you seek out a qualified attorney to fully...

Do I need to take this threat seriously?

Dear Chicago, IL, One should take a letter from a law firm seriously. Often times, failure to respond to a demand letter leads to a lawsuit and the resulting headaches, complications, and heavy expenses. While you may feel that failing to respond will not result in any action, it is often a small chance. If my client were in your position, I would first recommend that he/she look at where the law firm is. For example, if the firm is in California, my hypothetical client would...

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What are copyright/royalty laws?

Dear Hayden, From the limited facts of your question, the answer is: The CETA holds that one holds a copyright for the life of the publisher + 70 years (or for works of corporate authorship to 120 years after creation or 95 years after publication). There are several sub-issues that have been raised by your question: 1. What rights were transferred to the publisher when your father had the first set of books published? 2. It appears that some but not all rights to derivative works...

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I've been using a name since '90 but never trademarked it.Do I have rights if someone else just began using it in same industry?

Dear Las Vegas: Yes, you have rights. If you have been continuously using the name Dakota or DJ Dakota since 1988, and have regularly advertised your services in connection with that name, then you probably have a cause of action against Markus Schultz for trademark infringement. I strongly recommend that you seek out a qualified attorney to fully examine your case, and determine your rights. Disclaimer: The foregoing does not constitute legal advice, nor does it create an attorney-...

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Trademark infringment

Dear Auburn, WA: I am skeptical of companies that claim that they have been using a mark for such a long period without registering their marks. However, assuming that unnamed Big Company ("Big Co") has in fact used the mark in question "in a publication," such use may not be a valid, protectable use "in commerce." Thus, even though Big Co was using a name similar to your registered trademark, they may still be liable for damages if the use of the mark could be construed as "in commerce"...

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Copyright question about Ebooks.

I generally agree with Ms. Koslyn's analysis. However, many ebooks and other electronic files often include snippets of tracking code (often in the form of invisible watermarks) which allow a copyright owner to verify the copyrights appropriate usage and distribution use on public forums such as websites. Caveat emptor.

I did USPTO trademark search on my company name. There is a comapny with the same name but indicated "Dead". Can I still use it?

In addition to Mr. Wilson's comment above, I would add that: 1) Searching federally registered trademarked names is an art. Just because one finds (or does not find) a "direct match" does not remove your risk of liability in an infringement suit. Similar sounding names (for word marks), or similar logos (for design marks) in the same class of good could trigger a suit against you. 2) Moreover, as a Judge recently remarked in a suit I successfully defended: "Not all registered marks...