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David J. Simonelli

David Simonelli’s Answers

383 total


  • Are you allowed to use pictures of NBA players on merchandise?

    I’m looking at starting an online t shirt store, I want to print designs of my own that I have created in photoshop using images of NBA players from google, can someone sue me for this or am I allowed to do it? Thanks

    David’s Answer

    See the above answers. And let's not forget the NBA will want to join this party for trademark infringement if you show the stars in their respective team uniforms. Getting permission from these entities (the NBA, the team, and the player) will allow you to operate without fear of litigation. Otherwise, you will likely be sued.

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  • How to reconcile NDA with pre-existing ideas?

    I have a hypothesis I've never found anyone else to express in the various scientific communities I've carefully looked for this idea to already be expressed in -so I don't waste my time and hopes trying to set my study up only to find out later s...

    David’s Answer

    Most non-disclosure agreements have a provision stating the receiving party does not have to keep your information confidential if the receiving party already knew the information. Check with local counsel to draft an agreement that allows you to disclose your idea but does not impede the recipient should the recipient already know the information being offered.

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  • Competitors Using My Business Name Online, What can I do?

    I own/operate a sporting goods business in Florida. It is registered with the state as [City Name] Sporting Goods. I have seen a number of competitors calling themselves [City Name] Sporting Goods in recent years in order to rank in Google. The...

    David’s Answer

    First, there is no infringement claim against use of your state registered entity name. That is just what you call yourself and it may or may not be a trademark or service mark if you don't use it as such. Many companies sell their products under the product trademarks and do not use their registered business name as a trademark.
    Second, you will likely not be able to claim any trademark rights in your business name because if it is what you say it is, it is merely descriptive of where you are and what you sell. You cannot prevent others from using the English language. If I sell cars, I cannot prevent others from saying they are a car dealership. Its what they do. The others are in your location and sell sporting goods. It's what they do. If you want to stop others from using your name, you need to get creative and come up with a unique trademark/service mark.

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  • Will I get sued, If I recreate Spaceships from Show, Games, and established space baring companies, as a Replica in my game?

    As a solo game developer, in the beginning of my carrier, I would like to know, if I recreate a show spaceship, Like Star Trek, or Star Wars and from a established game, like Star Citizen, as well as recreate real Space craft rockets from establis...

    David’s Answer

    Those designs will definitely be protected by their respective owners. You should seek licenses from each of them and not use the designs until you do.

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  • I want to wear a Deadpool cosplay mask in a short film made for work as if deadpool is picking some one up. Is this ok?

    My co workers and I are making a Wal-Mart short film and we needed a disguise as I am in additional scenes. They thought it would be fun if at the end of the 3 minute video, I pick up the main employee from the video with my car wearing my deadpoo...

    David’s Answer

    Marvel Characters has registered "Deadpool" as a trademark nine different ways. One of the ways is for "Development, creation, production, and distribution of digital multimedia and audio and visual content, namely, motion picture films, ..." Another way is for "Halloween costumes and masks sold in connection therewith,..." Marvel is a part of Disney and Disney takes its trademark and copyright protections very seriously as it is big money for therm. I would strongly suggest a rewrite to be safe. You may have defenses, but do you really want to go through the hassle of hiring attorneys and defending yourself (and possibly Walmart, depending on the terms you agree to when you submit your video).

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  • Is it okay for me to copy the design of the customized shoes I saw and sell it?

    my customer provided the design he wanted me to make. and the design he wants me to do is owned by others.

    David’s Answer

    While Ms. Koslyn touches on the two major areas of discussion, I'd like to point out that shoe companies are known to also protect shoe designs through design patents. I would hire an IP attorney to either search the design or write a good contract whereby your customer indemnifies you (if you customer is financially sound enough to do so) - preferably both.

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  • If my companies name is got moon milk and got milk is messaging me telling me to take it down should I or is my name ok??

    Above

    David’s Answer

    The test for trademark infringement is likelihood of confusion in the marketplace by your customers or the customers of the other trademark as to the source of the the goods under the trademark in question. It would be best if you spoke with an IP attorney in private consultation to determine how the law applies to your particular facts. A public forum such as this in not an appropriate place to lay your facts out.

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  • Patent Lawyer?

    Looking for a lawyer to apply for a patent, but our resources are limited, we may be able spend couple of thousand dollars, but not have to stay within budget. How to proceed ? Any idea or probably para legal or lawyers who started new could be ch...

    David’s Answer

    The age-old adage is "you get what you pay for." There is a reason that saying has been around forever - because its true. Yes, you could have an underling write and file your patent application for you. Or you can pay for experience. At the end of the day, you have to decide what the resulting patent application will get you. Are you looking for a credential to hang on the wall? Are you looking for an asset that you can use for collateral? Are you looking to meaningfully prevent others from making your invention so your investment in a fledgling company will be enhanced by this barrier to market that you have created for everyone else? Once you answer those questions, you can determine whether you want to go cheap or not.
    Patents are tricky and there is a reason why us patent attorneys can make a decent living at it. Of course you can do it yourself, but you there are professionals that can help. Click on the "Find a Lawyer" tab above and find an attorney that you think might be able to help you. Many offer an initial consultation for free. Do not disclose your idea here - this is a public forum and your disclosure will adversely affect your current position.

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  • Can i sell a video with a celebrities picture in it or use their image as a cover?

    i am making a video editing listing and used pictures of charli d'amelio (search her) in my listing. before publishing, is that legal? thanks!

    David’s Answer

    No - it is a good way to get sued. If you want to use her image, get her permission first.

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  • What can I do if someone has the recording to my song and will not let me have a copy?

    About 2 or 3 years ago I was in a studio with a friend and I was featured on one of his songs. After we made the song he started to avoid me and my text messages about it. Flash-forward to the present, I texted him again about the song in which he...

    David’s Answer

    Obviously, your "friend" is not interested in sharing. I would suggest you refrain from posting on a public forum such as this, gather your contract or whatever documents you have, and meet with an IP attorney in private to discuss your situation because much of what you are interested in (ownership, royalties) depends on your level of contribution, or on what your contract says, which hopefully is in written form.

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