Gary K. Marshall’s Answers

Gary K. Marshall

Seattle Internet Lawyer.

Contributor Level 11
  1. Can I create from scratch a well-known logo with different colors and different fonts from the original to sell online?

    Answered over 2 years ago.

    1. John E. Whitaker
    2. Gary K. Marshall
    3. Bruce E. Burdick
    4. Timothy B Mccormack
    5. William Leroy Montague Jr.
    5 lawyer answers

    These type of questions are very fact based. What are you copying? How much of it are you copying? And as John already pointed out, what are you using it for? And the law in this area is fairly complex. There is no substitute for sitting down with an experienced IP lawyer. But you can some up with a pretty good rough answer just by applying common sense. Are you copying the copyright protected elements of the logo? If someone familiar with the logo would look at your new work and would...

    4 lawyers agreed with this answer

  2. Can I get a trademark application revoked if it infringes on an established brand?

    Answered over 2 years ago.

    1. Gordon Philip Firemark
    2. Gary K. Marshall
    3. Clifford D. Hyra
    4. Bruce E. Burdick
    5. Michael Alan Shimokaji
    5 lawyer answers

    Assuming you are talking about federal trademark registrations, there is one procedure for challenging a trademark application before it is approved, and a different procedure for canceling a trademark application after it has been approved. Both procedures are complex. You should see a trademark attorney. I note that they filed their trademark application before you began to sell your product. Keep in mind that your trademark registration only gives you a rebuttable presumption that your...

    4 lawyers agreed with this answer

  3. Is it a invasion of privacy if you take a picture of a girl with her top off exposed if it was in a night club on a dance floor?

    Answered over 2 years ago.

    1. Gary K. Marshall
    2. Justin P. Walsh
    3. Jason Lau
    4. James M Lynch
    4 lawyer answers

    I agree that this is not strictly an invasion of privacy issue. But I think you know the answer. Does it feel right to you to post those pictures? Of course not. Would you feel comfortable defending your actions before a judge in a court of law? I doubt it. Legal arguments could be made either way — it is ok or it is not ok. But most of the time the facts decide the case, and if you post or otherwise distribute those pictures you are a scumbag. Period. If she chooses to make an issue of it, the...

    4 lawyers agreed with this answer

  4. Is it legal to re-sell new with tag clothing on website to outside of U.S. using pictures from the original store website?

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Andrew Mark Jaffe
    3. Jason John Cruz
    3 lawyer answers

    There is a lot you need to know. If the store gives you permission to sell the item and to use their catalog pictures, then you are probably fine there. Make sure it is their picture and not the manufacture’s picture you are using. But what about the original manufacturer? You may have copyright and/or trademark issues with them. Check out my article Legal Issues for Online Sellers available for free download from my law firm website at http://www.marshallcomputer.com/resources.html.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Am I free to use unaltered digital images of public domain works?

    Answered over 2 years ago.

    1. Gary K. Marshall
    2. Daniel Nathan Ballard
    3. Pamela Koslyn
    3 lawyer answers

    Your analysis is sound. If they added any creative expression to the image, no matter how small, such as cropping, or photo shopping the image, then they do have a copyright in the version of the photograph that they posted on their website. But if they have not altered the image, then they can not claim copyright protection. On the other hand, the University of Washington takes a very aggressive stance on copyright issues. They also claim copyright protection in their older buildings, even...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I want to secretly record (video and audio) job interviews and post them on a website. Are there legal ramifications for me?

    Answered almost 3 years ago.

    1. Gary K. Marshall
    2. L. Maxwell Taylor
    2 lawyer answers

    I would strongly advise against it. Sorry. It is unlawful to audio record a conversatoin without the permission of everyne involved. RCW 9.73.030. It would also probably be an invasion of the interviewee's privacy to audio and/or video record the job interview and post it without their permission.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I received a letter from Comcast saying that I violated some copyrights and they need to release my info to some company.

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. John E. Whitaker
    3. Maurice N Ross
    4. Bruce E. Burdick
    4 lawyer answers

    You should be concerned. A federal law suit for copyright infringement is a serious matter. Your situation is too complicated to discuss in this forum. If you go to the EFF website that the other attorneys mentioned, you can find a list of attorneys who deal with this issue. John is on that list. I am also on that list. I have dealt with close to 100 of these cases over the last almost 3 years. Please give John or me a call. I can be reached at 206 524-0655.

    Selected as best answer

  8. I want to sell football helmets that's custom made with nfl decals on it, I want to know where should I start?

    Answered about 1 year ago.

    1. Gary K. Marshall
    2. Brian Kenneth Dinicola
    3. Sreenivasarao Vepachedu
    4. Frank A. Natoli
    5. Daniel Nathan Ballard
    5 lawyer answers

    NFL logos are trademarks that are owned by the NFL. In order to use the trademarks you will need the permission of the NFL. It is not hard to figure out who to contact. A simple google search got me to the NFL policy on licensing logos for merchandise. See https://www.nfl.info/NFLConsProd/Welcome/CpPrequalify.htm Here are a few requirements. You must have been in the merchandising business for at least three years and be able to pay the minimum annual license fee of $100,000. This...

    3 lawyers agreed with this answer

  9. Do I have to give a notice to cease and desist before I file a lawsuit for defamation?

    Answered about 1 year ago.

    1. Gary K. Marshall
    2. Christian K. Lassen II
    2 lawyer answers

    No you do not have to give notice first. A defamation lawsuit is probably not the way to go. Most personal problems are not going to be solved by lawsuits. 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 defamation. Slander is oral defamation....

    3 lawyers agreed with this answer

  10. Can I be sued for emotional distress or breaching right of publicity?

    Answered over 1 year ago.

    1. Christopher Lee Thayer
    2. Gary K. Marshall
    3. James P. Frederick
    3 lawyer answers

    Obviously you should have written contracts in the future, especially for something as sensitive as boudoir photographs. It should clearly spell out who owns the copyright and what you can and can not do with the pictures. As you know, it is common for the photographer to retain the copyright ownership. You will have fewer disputes and unhappy customers if you are clear about this upfront. The model release is actually less important although it can not hurt. As for the current situation,...

    3 lawyers agreed with this answer

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206-524-0655