Rhett V. Barney’s Answers

Rhett V. Barney

Spokane Trademark Application Attorney.

Contributor Level 9
  1. How does one trademark or copyright a recipe

    Answered over 1 year ago.

    1. Angela Small Booth
    2. Rhett V. Barney
    3. George Stuart Cole
    4. David Nima Sharifi
    5. Bruce E. Burdick
    5 lawyer answers

    In general, there is no copyright protection in your recipe as a list of ingredients. The copyright office has a great informative tid-bit on this here: http://www.copyright.gov/fls/fl122.html. On the other-hand, you can acquire copyright protection on a compilation of recipes, such as a book of recipes. You could also acquire copyright in the descriptive manner in which you write how the dishes are prepared. Trademarks are for logos/names/slogans, etc and serve as indicators of source....

    6 lawyers agreed with this answer

  2. Can I trademark a name that is similar to another trademark? A name that is in a different form or order?

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Rhett V. Barney
    3. Michael Charles Doland
    4. Bruce E. Burdick
    5. Michael Alan Shimokaji
    6. ···
    6 lawyer answers

    When you say "trademark a name", it is unclear if you are attempting to register the trademark, or if you want to brand your products with the trademark at issue. It'll help if you clarify. Trademark infringement is all about confusion. So, if your mark is confusingly similar to the other mark, then you cannot use the confusingly similar (infringing) mark. This will be true whether you are attempting a registration or branding your products. There are a lot of issues at play here that...

    6 lawyers agreed with this answer

  3. Is a blanket photo release possible?

    Answered almost 2 years ago.

    1. Ivan Jose Parron
    2. Gregg R. Zegarelli
    3. Rhett V. Barney
    4. Alonzo McAlpine Alston
    5. Molly Cristin Hansen
    6. ···
    7 lawyer answers

    The best answer to this question will depend on 1. who you are taking photos of and 2. what you plan to do with the photos. If you are taking photos of models at a modeling event, then a blanket release or "sign in" will not be sufficient. Similarly, if you are hoping to monetize the photos, then you'll need to ensure that the people signing the release are aware of this intention. On the other hand, if you are taking photos of a family reunion and are going to post those photos to a...

    6 lawyers agreed with this answer

  4. Is posting video game footage on youtube still legally protected by the "Comment" section of the "Fair Use Policy"?

    Answered almost 2 years ago.

    1. Daniel Nathan Ballard
    2. Rhett V. Barney
    3. Pamela Koslyn
    4. Maurice N Ross
    5. Daniel Gary Rosenthal
    5 lawyer answers

    This is a marathon question with a likely marathon answer. Bear with me here as I try to answer your question in as short of time as possible. First and foremost, its pretty obvious to me that you've spent some time thinking about what you want to do, and that you've also spent some time researching the law. Good for you, many do not. But, because your question is so specific, and because there are so many factors that may determine the 'correct' answer, I recommend going over the details...

    5 lawyers agreed with this answer

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  5. I would like Import Products From China To Sell On eBay and my website.

    Answered almost 2 years ago.

    1. Rhett V. Barney
    2. Pamela Koslyn
    3. Michael Alan Shimokaji
    4. Bruce E. Burdick
    4 lawyer answers

    For handbags, shoes, and wedding dresses you will not likely run into any patent issues. Instead, you will run into trademark and copyright issues. If the bags, shoes, and wedding dresses that you are planning to sell are not made by a licensee in China, then they are counterfeit. It is against the law to sell counterfeit merchandise, and you risk civil and criminal punishment if you do sell them. My advice to you is to NEVER sell any good that has a trademark on it, especially if you...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I use the phrase "LegalZoom" in a company name?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Rhett V. Barney
    3. Gergana Hristova Miteva
    3 lawyer answers

    I agree with the other attorney who stated that using this title in your business name will most likely bring trouble. The reason is because trademark law deals primarily with consumer confusion. If the consuming public is confused about the source, sponsorship, or affiliation of unrelated goods/services or businesses, then an infringement has likely occurred. So, your use of LegalZoom will probably confuse the consuming public into beleiveing that you/your business are affiliated with...

    5 lawyers agreed with this answer

  7. Can a mark like "exhilarated" be suggistive if the services are "providing a social networking website for entertainment.

    Answered almost 2 years ago.

    1. Gerry J. Elman
    2. Pamela Koslyn
    3. Michael Charles Doland
    4. Rhett V. Barney
    5. Maurice N Ross
    6. ···
    7 lawyer answers

    I agree that the "Yes or no" response that you desire is not really appropriate. As the others have mentioned, your purpose is still not clear, and therefore our answers are similarly unclear. If the question is, 'can I register a mark that is deemed suggestive by the USPTO' then the answer is yes. If the question is, 'will the trademark office find the trademark to at least be suggestive (as opposed to generic, descriptive, arbitrary, or fanciful' then the answer is probably. But it...

    5 lawyers agreed with this answer

  8. Can a specimen submitted in a trademark application by registrant be suggestive? And argued that a difference in commercial impr

    Answered almost 2 years ago.

    1. Maurice N Ross
    2. Rhett V. Barney
    3. William Straus Wyler
    4. Pamela Koslyn
    5. Bruce E. Burdick
    5 lawyer answers

    Like Maurice said, the specimen can be suggestive. Another way to say this would be that your trademark is suggestive as used in connection with the specimen submitted, or in connection with the goods/services being claimed. The specimine, or goods and services, are relative to the trademark. For any of us to help you though, you are going to need to be a lot more clear about what you at asking, or At least what you are trying to accomplish. The only way to really ensure that you get what...

    5 lawyers agreed with this answer

  9. Is it legal if I take a picture of a patented/copyrighted product and post it my website (commercially because I have ads)?

    Answered over 1 year ago.

    1. Rhett V. Barney
    2. Maurice N Ross
    3. Gene Bolmarcich
    4. Bruce E. Burdick
    4 lawyer answers

    For starters, I think that it is important that you speak with an attorney versed in intellectual property law in Ireland if you really want to know what your rights and potential liabilities may be. That being said, here are a few of my thoughts on your scenario: In the US, you would not be in any kind of patent trouble doing what you are doing. However, there may be some trademark and copyright implications. On the trademark side, if the products that you are taking pictures of and...

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  10. Can i take a stuffed animal apart and use it in my own craft to sell?

    Answered about 2 years ago.

    1. Rhett V. Barney
    2. Laura Mcfarland-Taylor
    3. Robert Don Fink
    3 lawyer answers

    The above comment is correct in stating that it would depend on the stuffed animal being dismembered. That is, a generic-looking stuffed animal (like the 400 or so stuffed bears that my girls have that all look more or less the same) are not likely protected by trademark law. However, you have to be very careful with this "generic-looking" approach because you may not know what stuffed animals are protected by trademark law and which are not. On the other hand, if the stuffed animal is...

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