Intellectual Property Legal Advice (1,515 found)

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Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

As noted by Mr. Wahab, trademark rights arise only through the use of the mark -...
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

Federal trademark rights tend to override state trademarks, if they are senior...
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Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

You have really reached the point where, one way or another, in order to get an...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

To be sure that the rightsholders of these 2 schools who have rights ot these 2...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Sounds like no one's consulted a music lawyer about any music business affairs....
Kaiser Wahab
Kaiser Wahab's answer
Contributor Level 6

There are many variables to that question, which has no "benchmark" answers...
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Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

Ultimately they do have to prove that the DVD's were counterfeit, yes. There...
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Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

There are 2 copyrights in every recorded song, one to the musical composition/...
Kevin William Grierson
Kevin William Grierson's answer
Contributor Level 3

If the phrase is to be used on products and the marketing of goods, it would be...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

You MIGHT have a "literary work" that is copyrightable, but it must first be "...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

You are probably in the clear if, among other things, XYZ Corp. has legally "...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Are you sure this company no longer exists? You can't rely on a Google search....
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Maybe. Will your morphed image look enough like either one of the original...
Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

As usual, my colleagues here have spoken well. There is nothing new under the...
Question

Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

In addition to Mr. Klosowski's super response, consider this: if someone's...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Look to the claims. If the claims of the later patent are sufficiently...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

You need to know that some rightsholder most probably owns the rights of every...
Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

One can, but one risks being sued, or being threatened with a lawsuit and...
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Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

When it comes to infringement, all that matters are the *claims* of the patent...
Steven L. O'Donnell
Steven L. O'Donnell's answer
Contributor Level 5

Without seeing your application and the patent, this is impossible to answer....
Question

Jeffrey Thekdi Gedeon
Jeffrey Thekdi Gedeon's answer
Contributor Level 4

Yes, infringement covers the activities of making, using, selling, or importing...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Yes, even if you are "just making" your widget to give away, it could still...
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Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

It's deja vu all over again - http://bit.ly/1ubPSn
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Please search Avvo for your query, you'll find this road well traveled. You'll...
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Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Your note: All I want to know is how to file a civil lawsuit. Response:...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

The problem with a dispute - other than the dispute itself -- is that those...
Question

Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

While registering your business name as a dba/fictiious business name doesn't "...
Carlos Gonzalez
Carlos Gonzalez's answer
Contributor Level 7

A DBA does not reserve a name, nor a right to a name... In order to protect it...
Ronald David Coleman
Ronald David Coleman's answer
Contributor Level 4

This is simply not a question, unfortunately, that can be answered without the...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

Trademark rights are specific to the countries (and, in the U.S., only those...
Ronald K. Phillips
Ronald K. Phillips' answer
Contributor Level 5

My colleagues provide excellent counsel, to which I'll add one minor additional...
Dana Howard Shultz
Dana Howard Shultz's answer
Contributor Level 7

You are correct that absent an assignment, you still own the copyright in the...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

You may have a copyright issue, depending upon your status as a researcher or...
Daniel Nathan Ballard
Daniel Nathan Ballard's answer
Contributor Level 7

First, your research data are facts and, as such, are not copyrightable. Your...
Daniel Nathan Ballard
Best Answer: Daniel Nathan Ballard's answer
Contributor Level 7

Names yes, logos and other trademarks no -- at least not w/o their permission....
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Since these are your clients, the last thing you want to do is alienate them by...
Ronald K. Phillips
Ronald K. Phillips' answer
Contributor Level 5

Yes, quite possibly. You would be creating a "derivative work" from the...
Bernard Samuel Klosowski Jr.
Bernard Samuel Klosowski Jr.'s answer
Contributor Level 4

Yes. Unless your service is for non-profit education, news, criticism or some...

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