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

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

    Answered almost 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 over 2 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 over 1 year 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

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

    Answered over 1 year 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 over 2 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...

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

    Answered almost 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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  8. Do I need to copyright the name of my photography business? I am using just my first and middle name.

    Answered 12 months ago.

    1. Daniel Nathan Ballard
    2. Michael Charles Doland
    3. Gerry J. Elman
    4. Dana Howard Shultz
    5. Robert Scott Lawrence
    6. ···
    6 lawyer answers

    You need to speak with a California-licensed trademark attorney about "clearing the rights" to use whatever name you'd like to use as the name of your business. You have no inherent right to use your own personal name as the name of your business. If someone else is already doing business in the photography industry [not just as a photographer] under a company name that is confusingly similar to your personal name then you may not do business under your name. Your own attorney will...

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  9. If I have a federal trademark in the U.S can someone else trademark the same name in a foreign country?

    Answered over 1 year ago.

    1. Mario Sergio Golab
    2. Daniel Nathan Ballard
    3. Elizabeth Jami Oliner
    4. Michael Charles Doland
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    Q: "If I have a federal trademark in the U.S can someone else trademark the same name in a foreign country?" R: Yes. Q: "Do I lose legal rights of my mark in a foreign country?" R: You can't"lose" any trademark rights in the other country because you never had any rights there. Trademark rights DEVELOP through the use of the mark in a particular country or, in some very few countries, trademark rights are acquired by being the first to register the mark there. Q: "What if the name/...

    12 lawyers agreed with this answer

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  10. I need advice about Getty Images.

    Answered almost 3 years ago.

    1. J Charles Ferrari
    2. Philip Leon Marcus
    3. Andrew Kevin Jacobson
    4. Terry Lynn Thomas
    5. Daniel Nathan Ballard
    5 lawyer answers

    Q: "... Getty's is still demanding payment after I informed them my domain register was the one who provided me with the starter site." R: But YOU published the website to the world displaying an [allegedly] infringing photograph. After age ten you cannot escape liability by crying that "Bobby made me do it." Bobby may be wrong as well, of course, but that don't make you right. Q: "Getty has no right to scan my site with bots." R: Yes, it does. Millions of automated programs scan...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful