Gary K. Marshall’s Answers

Gary K. Marshall

Seattle Internet Lawyer.

Contributor Level 11
  1. Do I need a lawyer if a website used my photo to promote their site without my consent?

    Answered about 1 year ago.

    1. Gary K. Marshall
    2. Neil Juneja
    3. Anu Gupta
    4. Michael P Matesky II
    5. Bruce E. Burdick
    5 lawyer answers

    Situations like this are very fact dependant. You may have a claim against them under several theories, including violation of your right of publicity, unfair competition/trademark infringement, and copyright infringement. Whether you need to see an attorney depends upon what you want to do next. If you just want them to take the picture down, you may want to contact them directly. On the other hand, a letter from an attorney is often more effective. If you want compensation then you probably...

    9 lawyers agreed with this answer

  2. Do we have a case for defamation of character and libel?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Christian K. Lassen II
    3. Jeffrey Ira Schwimmer
    4. Thomas A. Mackin
    4 lawyer answers

    You may have a case for defamation. As in most areas of law, the answer depends on the specific facts. There is no substitute to actually meeting with an attorney and discussing your case. You can sue someone for defamation. Any lawsuit is expensive to pursue. And proving the elements of defamation can be difficult. Defamation is a false statement, maliciously or knowingly made to injure someone, usually through ridicule and damage to that person's reputation. Libel is written...

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  3. I wired 1k as a loan on a verbal agreement confirmed by text & now the person refuses to pay claiming harrassment. Can I sue?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Scott T Ashby
    3. David B Pittman
    3 lawyer answers

    I agree with Mr. Ashby. If you do decide to go to small claims court, it would help to organize your case before hand. You would probably benefit from spending an hour with an attorney, although for such a small amount this may not be worth the money it would cost. You need to sue the person in the county in which they live. In addition, you can consult the following small claims court resources. Good general advice 1. Everybody's Guide to Small Claims Court, Includes tips by former...

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  4. Can i trademark or copyright the name of a sauce i have developed and plan on bringing onto the market?

    Answered about 1 year ago.

    1. Gary K. Marshall
    2. Collin Roberts
    3. Maurice N Ross
    4. Richard T Matthews
    5. Michael P Matesky II
    6. ···
    9 lawyer answers

    You can not claim copyright protection for names. You may be able to obtain trademark protection. Recipes are hard to protect. You can not copyright the underlying concepts and ideas, but you can protect your creative expression, which is the way you describe the recipe. That is a difficult line to draw, even for experienced attorneys. If you want to pursue this further you need to talk to an attorney.

    8 lawyers agreed with this answer

  5. Do I need permission to use English translation of a work originally in public domain?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. James Juo
    3. Erach Farrokh Screwvala
    3 lawyer answers

    You probably need permission. I like to describe it as there are layers of copyright. The first layer is the copyright in the original work, which you say has expired. The rules on expiration of copyright are very complex and vary from country to country so be sure you have this right. Then on top of that there is a layer of copyright in the translation. To the extent that the translator added creative material, it is protected by copyright. That covers most of the translation. Whenever a...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I presently sell apparel made from Pendleton Woolen Mills copyrighted fabric. They have given me permission now they recind it.

    Answered almost 2 years ago.

    1. Gary K. Marshall
    2. Adam L.K. Philipp
    3. Bruce E. Burdick
    4. Kevin Mark Jones
    5. Maurice N Ross
    5 lawyer answers

    First of all, you are not alone. This is a common problem. I gave a talk to online sellers last weekend and several audience members had similar problems. (Shameless plug, an article I wrote on the subject - legal issues for online resellers - is available for free download from my law firm website. ) The answer depends on the facts, and you should talk to an attorney. I do not know if you have any kind of contractual relationship with them. If you bought the material legitimately in the...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What is the legal amount of sampling of copyrighted music. Not for sale but to post to UTube and see how many hits it gets

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. John E. Whitaker
    3. Ivan Jose Parron
    4. Tudor F Capusan
    5. Andrew John Contiguglia
    6. ···
    7 lawyer answers

    There are many rules of thumb that circulate as to how much of a work you can copy without committing copyright infringement. None of them have any basis in the law. Each case is different and has to be evaluated on its own merits. Copyright law is very strict. If you copy a copyright protected work without the permission of the author, you have committed copyright infringement and you may be sued. Although there is a defense of fair use, it does not cover very many uses. If your sample is...

    7 lawyers agreed with this answer

  8. Can an ex boyfriend post pics on a website of my daughter whom was 17 at the time and not aware that the pics were taken.

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. John Albert Abom
    3. Brad Allen Meryhew
    3 lawyer answers

    You will probably have no trouble getting the website to take down the photos. Because she is underage most website operators will want to have nothing to do with posting those photos once they know her age. If he is sleazy enough to post the pictures on one website, he is likely to do it again. Your first priority should be to stop him. (Keep in mind that once something is posted on the Internet, it is usually impossible to totally remove it from the Internet.) I agree that going to the...

    6 lawyers agreed with this answer

    2 people marked this answer as helpful

  9. Does this clause disqualify me from entering the market in question?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Pradnya Pradhan Desh
    3. Rand L. Koler
    3 lawyer answers

    You can not tell from an excerpt from a contract, what that excerpt means. You have to look at the entire contract as a whole, and the facts and circumstances of the deal. Non-compete clauses are very difficult to enforce. They depend on the actual wording and other factors. This clause may not be enforceable. If you need a definitive answer, you should talk to an attorney. Having said that, the likely answer is obvious. You can answer many legal questions by simply applying common sense....

    7 lawyers agreed with this answer

  10. Can I be sued for placing a negative review based on my negative experience with an attorney in this website or anywhere else?

    Answered 3 months ago.

    1. Gary K. Marshall
    2. Joshua A Haubenstock
    3. John Ksajikian
    4. Jong M Lee
    4 lawyer answers

    Your question raises several issues. Can you be sued? Yes, of course he can sue you for defamation and related legal issues. Will he win? Maybe, but probably not. Truth is a complete defense to a defamation lawsuit. But you must still convince a judge that your version of the truth is in fact true. And you must defend yourself in a lawsuit, which can be costly. If he does come after you, you may have a defense based on Anti-Slapp law (in Washington see RCW 4.24.525). The law allows you to...

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