Wade Neal’s Answers

Wade Neal

Tacoma Litigation Lawyer.

Contributor Level 8
  1. Can I make a review of a game? And if so, how much in-game footage and content can I show?

    Answered about 2 years ago.

    1. Wade Neal
    2. John E. Whitaker
    3. Mario Sergio Golab
    4. Daniel Gary Rosenthal
    4 lawyer answers

    Reviews are generally afforded quite a bit of leeway under US copyright law, and they usually fall under the category of "fair use." This issue has been discussed here before: http://www.avvo.com/legal-answers/do-video-reviews-of-video-games-constitute-fair-us-402463.html. You should always consult an attorney familiar with copyright and trademark issues before distributing someone else's copyrighted works.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How do I contact copyright infringement LLC without opening myself to them knowing who I am. Notified by cable co, so far.

    Answered about 2 years ago.

    1. John E. Whitaker
    2. Philip Leon Marcus
    3. Wade Neal
    4. Ray Beckerman
    5. Bruce E. Burdick
    5 lawyer answers

    I agree with Mr. Whitaker. Also, the attached link may be helpful to you.

    9 lawyers agreed with this answer

  3. Trademark infringement - do they have a case?

    Answered about 2 years ago.

    1. Mario Sergio Golab
    2. Gerry J. Elman
    3. Wade Neal
    4. Rhett V. Barney
    4 lawyer answers

    I agree with my colleague - in the United States, the senior user of a mark is generally given priority. Your case likely has a number of factual issues that would determine the outcome of an infringement lawsuit, including the reason for your mark's rejection, date of first use of the mark in business, whether the markets actually overlap, etc. You should definitely seek out the advice of an attorney.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What are the requirements to pierce the veil of a WA LLC and does a personal guarantee (agreed to by a store buyer) help?

    Answered about 2 years ago.

    1. Wade Neal
    2. Peter J Smith
    3. Peyman Dadmehr
    3 lawyer answers

    I agree with my colleague. On the facts you have provided, suing the guarantor outside of the bankruptcy would likely be the best way to recover. There is a question as to whether the signer actually guaranteed payment, as you note that he or she signed "on behalf of the company." That may indicate that the contract was made between you and the LLC rather than the guarantor, in which case you would have to recover through the bankruptcy process. Only a review of the agreement can tell you which...

    4 lawyers agreed with this answer

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  5. Can you be sued for using a term that is one character of the registered trademark

    Answered about 2 years ago.

    1. Maurice N Ross
    2. Wade Neal
    3. Mario Sergio Golab
    4. Mark Joseph Guay
    5. Michael Charles Doland
    6. ···
    6 lawyer answers

    You almost certainly should consult with a trademark attorney. Whether your mark is infringing or not depends on the facts of your situation. Make sure you have a good understanding of your market and the possible conflicting mark holder's market when you consult with your counsel. Whether the mark infringes or not will depend on many factors, one of which is class of goods or services in which each mark user operates.

    6 lawyers agreed with this answer

  6. I am starting a business and I need to know how to get exclusive rights to the name?

    Answered about 2 years ago.

    1. Ray Beckerman
    2. Wade Neal
    3. Philip Leon Marcus
    4. William Leroy Montague Jr.
    5. Gordon Philip Firemark
    6. ···
    7 lawyer answers

    Consult a trademark attorney. You need to determine if the name or "mark" you are considering is already in use in the relevant marketplace. If the name is already being used by a business you would likely need to either select an alternate name or purchase the rights to the name. I can't emphasize enough how important it is to select a name that will not be seen as confusing to consumers, as the cost to your startup could be great should your name/mark be seen as infringing on another user's...

    6 lawyers agreed with this answer

  7. We have a product we're launching ;our name is the same as a trademarked name but ours is odor control, other is skincare,legal?

    Answered about 2 years ago.

    1. Andrew Kevin Jacobson
    2. Wade Neal
    3. Philip Leon Marcus
    4. Mario Sergio Golab
    5. Bruce E. Burdick
    5 lawyer answers

    I agree with the prior answers you have received. It is crucial that you have the specific facts of your company's situation reviewed by an experienced trademark attorney. Any company preparing to launch a product on the market should always have a complete and thorough trademark search and review. As my colleagues have noted, the cost to your company could be extremely detrimental to the product's success, should you forge ahead without advice on the viability of the mark. You also have...

    6 lawyers agreed with this answer

  8. Do I need to pay for a picture I posted on my website that I didn't know I needed to buy a license for?

    Answered over 1 year ago.

    1. Wade Neal
    2. J Scott Scarbrough
    3. Jason John Cruz
    3 lawyer answers

    Probably yes, unless there is some fact you haven't provided here. Copyright holders have a right to seek compensation for distribution of their works.

    4 lawyers agreed with this answer

  9. MY GREAT GRAND FATHER WROTE almanacs from late 1800 to early 1900s and i have found many

    Answered almost 2 years ago.

    1. Wade Neal
    2. Bruce E. Burdick
    3. John E. Whitaker
    4. Daniel Nathan Ballard
    4 lawyer answers

    If all the books were published prior to 1923, the material is likely in the public domain, so the company is probably permitted to publish them. I have attached a link for you describing "public domain."

    5 lawyers agreed with this answer

  10. Can you produce a custom car emblem to tribute another company by using the company logo and sell it?

    Answered about 2 years ago.

    1. Wade Neal
    2. Michael James Duffy
    3. Stuart M Nachbar
    4. Bruce E. Burdick
    4 lawyer answers

    Almost definitely not, unless you ask permission from the university or sports team. Most universities and all NHL teams properly register and defend their marks from unauthorized use. Your "tribute" would likely be seen by the relevant parties as a clear infringement of their rights to their marks. Also, any car decals you see with similar marks have almost definitely been licensed, or are unauthorized and would likely be seen as infringing.

    5 lawyers agreed with this answer