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Michael S. Melfi

Michael Melfi’s Answers

145 total


  • Can I sell a product containing a quote from a book (i.e. winter is coming) without licensing?

    Michael’s Answer

    You may be able to use it depending on the type of use at hand. Just because someone has a copyright, it does not necessarily mean that you cannot use it. Your best bet is to consult with an intellectual property attorney who can advise on your matter.

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  • Trademark Infringement Question

    Michael’s Answer

    They may or may not, it depends upon how similar the marks are and of course, as stated, the class of goods. Trademark infringement is a systematic process that looks at the marks and determines if likelihood of confusion is prominent. This includes a number of other considerations also. Your best bet is to consult with an intellectual property attorney who can advise on your matter.

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  • Is this legal?

    Michael’s Answer

    If the name is already trademarked, it could pose potential issues relating to trademark infringement. Of course, is there is likelihood of confusion between the two mark and they are similar in nature and channels of distribution. There may be several options to work around it. Your best bet is to consult with an intellectual property attorney to see what your options are if you decide to use the name.

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  • Can you remove a trademark class-of-goods from an application after a non-final OA refusal for lack of SOU on 1 of 2 classes?

    Michael’s Answer

    You could, but it may be wise to consider your options carefully before deciding to drop the class and whether there will be any issues down the road. Your best bet is to consult with an intellectual property attorney to see what your options are if you decide to use the name.

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  • Can I resell another company's product?

    Michael’s Answer

    It largely depends on how you present it. Given the recent decision from the U.S. Supreme Court, you can; however, taking it out of the original packaging could be seen as somewhat illegal. However, if there are no identifying features on the product then its open to debate.

    Your best bet is to consult with an intellectual property attorney that has experience similar matters. This attorney will have a good understanding of the complexities of your matter and probably provide a legal consultation and analysis of your situation. This communication does not constitute legal advice, and is for informational purposes only.

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  • Can I claim rights to songs that i help arrange and created that was "UNFINISHED" then released by other part ?

    Michael’s Answer

    You probably could under U.S. copyright law as a joint author or derivative work.

    Your best bet is to consult with an intellectual property attorney that has experience similar matters. This attorney will have a good understanding of the complexities of your matter and probably provide a legal consultation and analysis of your situation. This communication does not constitute legal advice, and is for informational purposes only.

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  • Copyright registration Form VA : definition of " publication "

    Michael’s Answer

    In 1990 Congress enacted the Architectural Works Copyright Protection Act, this essentially added 'architectural works' to the list of protectable subject matter in Section 102(a) of the Copyright Act of 1976. The protection extends to 'the design of a building (whether embodied in an actual building or in plans or drawings). You must also be aware of the registration requirements that would differ to other protectable subject matter. The date of creation of the authorship is what is important. Registration is only important should you bring a lawsuit for copyright infringement.

    Your best bet is to consult with an intellectual property attorney that has experience similar matters. This attorney will have a good understanding of the complexities of your matter and can provide a legal consultation and analysis of your situation. This communication does not constitute legal advice, and is for informational purposes only.

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  • Is it illegal to resell cosmetic and skin care products on a personal ecommerce?

    Michael’s Answer

    Yes, think about it, most stores sell branded products, and they do not need such permission because the sale of the product is for the consumer. Now if are personally using the product to benefit from it (logo or name) and are piggybacking on someone else’s trademark or copyright that’s different.

    Your best bet is to consult with an intellectual property attorney that has experience similar matters. This attorney will have a good understanding of the complexities of your matter and can provide a legal consultation and analysis of your situation. This communication does not constitute legal advice, and is for informational purposes only.

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  • Can i read an article somebody else posted online and profit from it?

    Michael’s Answer

    The easiest way is to get some form of permission. That way you would be permitted to do so, however, if used for educational purposes, parody, criticism or fair use then you probably would need to get some right to use it. Otherwise you could be on the horizon for infringement.

    Your best bet is to consult with an intellectual property attorney that has experience similar matters. This attorney will have a good understanding of the complexities of your matter and probably provide a legal consultation and analysis of your situation. This communication does not constitute legal advice, and is for informational purposes only.

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  • What copyright considerations are there for a story written by me but with plot direction driven by other people?

    Michael’s Answer

    You probably will be considered a joint author for the purposes of copyright law or it could be deemed a work for hire.

    Your best bet is to consult with an intellectual property attorney that has experience similar matters. This attorney will have a good understanding of the complexities of your matter and can provide a legal consultation and analysis of your situation. This communication does not constitute legal advice, and is for informational purposes only.

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