Daniel Nathan Ballard’s Answers

Daniel Nathan Ballard

Sacramento Intellectual Property Law Attorney.

Contributor Level 20
  1. Cease and desist letter received from Getty Images for possible copyright infringement

    Answered over 6 years ago.

    1. Oscar Michelen
    2. Daniel Nathan Ballard
    3. Jefferson Hampton Coulter II
    4. ···
    7 lawyer answers

    This issue is straightforward. The product that Getty Images, Inc. sells is photographs. Its photographs are taken by people who, in exchange for money, assign to Getty their rights in their photographs. The photographers are, therefore, compensated for their work and can go about their business of taking more photographs -- which is a good thing for our society (thanks Getty). Getty protects its product by doing what every business does: it takes measures to make sure that its products are...

    7 lawyers agreed with this answer

    28 people marked this answer as helpful

  2. Do I need a trademark attorney? or Litigation?

    Answered about 3 years ago.

    1. Michael Charles Doland
    2. Anthony B. Cartee
    3. James Juo
    4. Frank Wei-Hong Chen
    5. Daniel Nathan Ballard
    6. ···
    9 lawyer answers

    Attorney Elman's point that the filing date of an intent-to-use trademark registration application trumps another's actual use in commerce date for trademark registration purposes should not be squirreled away in just a comment. Quoting Gerry's comment: "If the large company started using the mark in commerce only AFTER you filed a federal trademark application on an intent-to-use basis, then you could have superior rights provided that you start actually using the mark and get a...

    17 lawyers agreed with this answer

  3. Does this business have grounds to sue me on trademark infringement?

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Daniel Nathan Ballard
    3. Kevin Brendan Murphy
    4. Gordon Philip Firemark
    5. Mario Sergio Golab
    6. ···
    9 lawyer answers

    Two points to emphasize: (1) Do not disclose real facts about a legal dispute in a public forum, and (2) even though the owner of "Faux Paws" has federally registered that phrase as a trademark that (a) does NOT mean the registration is valid [if, for example, the branded services are not being offered in interstate commerce] and (b) does NOT mean that someone who uses even the exact same mark is infringing "Faux Paws" if that other user [in this case you] is using it to brand...

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  4. Which type of legal representation do I need Entertainment Intellectual Property or Employment

    Answered almost 2 years ago.

    1. Michael Lee Claessens
    2. Jerome S Cohen
    3. Daniel Nathan Ballard
    4. Sagar P. Parikh
    5. Bruce E. Burdick
    5 lawyer answers

    You need an entertainment attorney to discuss with you the possibility of selling your time, information, involvement and perhaps writing services to a production company that may be interested in creating some sort film product about your story. Trying to create a professional quality product yourself from scratch is not a viable option. Good luck.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Is a character of a public domain book trademarkable?

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Frank A. Natoli
    3. Michael Charles Doland
    4. Benjamin Karl Erlick
    4 lawyer answers

    Let's assume that you're right: (1) The original, literary texts authored by Robert Howard that include the Conan and Soloman Kane fictional characters are no longer protected by copyright and, (2) the words "Conan" and "Soloman Kane" [and even particular graphic representations of those characters] are used as trademarks by someone to brand some products or services. You want to know whether it would be lawful for you to "do a compilation" of the original Robert Howard texts, entitle...

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  6. Is my company name and logo protected if I add the TM for trademark at the end of it?

    Answered almost 3 years ago.

    1. Daniel Nathan Ballard
    2. Pamela Koslyn
    3. Michael Alan Shimokaji
    4. Philip Leon Marcus
    4 lawyer answers

    Yes, affixing the tm symbol to your logo / name trademark is a very good idea. But there's much more: 1. If you did not sign a written agreement with the logo designer that "assigns" all the rights in the logo [that is, its copyright and the right to use it] then you need to have your own attorney draft that agreement and persuade the designer to sign it. 2. If you have not "cleared the rights" to the logo and your company name then you need to have your own attorney perform a...

    16 lawyers agreed with this answer

  7. Business name and trademarks

    Answered 3 months ago.

    1. Daniel Nathan Ballard
    2. Michael J. Thomas
    3. Helena Kempner Kobrin
    4. William F Lang IV
    5. Dariush G. Adli
    5 lawyer answers

    Q: "Can they challenge my domain saying I looked to take their trademark?" R: The phrase "Voice Recording" when used to name a company in the voice recording industry CANNOT serve as a trademark. So, in your example, the answer is no: A company named Voice Recording, Inc. cannot use the law to prevent someone else from registering voicerecording.net and publishing a website at that domain. Speak with your own trademark attorney in private to discuss the particular facts of your real...

    14 lawyers agreed with this answer

  8. Is it legal if I name my Video Game items with Mythical Weapons from Greek Mythology like Excaliber & also Mythical Characters?

    Answered about 2 months ago.

    1. Daniel Nathan Ballard
    2. Zachary Strebeck
    3. Edna Carroll Straus
    4. Frank A. Natoli
    5. Travis Craig Thompson
    5 lawyer answers

    Before choosing a name for a product [including a "video game"] business owner's MUST "clear the rights" to the name. That process requires an intellectual property attorney commissioning a trademark search and evaluating the results to determine if anyone else is already using the same name or one confusingly similar to brand the same or a related product. So ... speak with a local intellectual property attorney. The consequences of adopting an already-in-use name is not only having to re-...

    13 lawyers agreed with this answer

  9. Can you file a copyright lawsuit based on a pending copyright application?

    Answered 4 months ago.

    1. Daniel Nathan Ballard
    2. Joshua Alan Burt
    3. Floyd Edwin Ivey
    4. Anthony Michael Lawhon
    5. Andra Marie Vaccaro
    6. ···
    6 lawyer answers

    The answer depends on where in the country the copyright infringement lawsuit is filed. In the states falling within the Tenth and Eleventh Circuits [Florida, Georgia, Alabama, Wyoming, Utah, Colorado, Kansas, New Mexico, Oklahoma] a registration for the copyrights being asserted must already be issued for their owner to even file the lawsuit. In the states falling within the Fifth, Seventh, and Ninth [look them up, the latter of which, however, includes California] only a complete...

    13 lawyers agreed with this answer

  10. Licensing software from a corporation owned by my partner to LLC owned by both of us

    Answered about 2 years ago.

    1. Daniel Nathan Ballard
    2. Richard T Matthews
    3. Keil A Larsen
    4. Joshua Christian Vincent
    5. Chandra Melissa Lewnau
    6. ···
    7 lawyer answers

    Reframing the question: Company A owns the copyright in software that runs on the iPad operating system ["iOS"]. It wants to collaborate with Company B to modify that software to run on the Windows operating systems. How best to make that happen? Because there are far more facts in play that you relate only your own intellectual property attorney can answer that question. And know this: There is nothing simple about this potential course of action. Some thoughts: Corporations are...

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