Archived
Designed a graphic for a local clothing company/store. Was never paid for the design but they just recently printed it.
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Answered on November 14, 2013
Concurring with attorney Burdick, you seem to have a copyright matter on your hands, for which you will need the assessment and guidance of an...
Archived
Can I record one of my kid's books into an audio book just for them, so they can listen to me reading it?
Brian's answer
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Answered on November 11, 2013
Although your particular use does not fall into any explicit exception to the prohibition on reproducing and performing a work without the consent...
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Archived
I want to sue a corporation in either small claims court or special civil division court.
Brian's answer
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Answered on November 10, 2013
I agree you should not limit yourself to Small Claims, and there are plenty of folks who represent themselves, at least in Middlesex and Mercer...
Archived
Say USPTO has two non-provisional patent applications over similar conflicting claims, mine and someone else's.
Brian's answer
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Answered on November 08, 2013
Provided your provisional application complies with all of the requirements of 35 U.S.C. 112 (i.e., adequacy of description and enablement of what...
Archived
Copyright question - use of album covers and band imagery in an art project.
Brian's answer
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Answered on November 08, 2013
Like Attorney Ballard, I think it is important to point out that your use is a commercial one. The term "project' connotes an "academic" fair use...
Archived
Petition to the Director during a trademark cancellation proceeding
Brian's answer
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Answered on October 30, 2013
From experience with other petitions under 37 CFR 2.146 to the Director, I would say 60-90 days. However, it could take longer. The Director has...
Archived
How to use Characters that are owned by other companies for a card game.
Brian's answer
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Answered on October 30, 2013
The Transformers franchise is owned by Hasbro. See:
http://investor.hasbro.com/releasedetail.cfm?ReleaseID=771881
You may want to consider...
Archived
Are and titles used on Etsy intellectual property....ie. Custom Dog Charm Bracelet or Personalized Charm Bracelet?
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Answered on October 29, 2013
If the tags or titles are descriptive, then it is not likely that these are or will be entitled to trademark protection. The designs themselves,...
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Archived
Can you sell clothing products with a logo already being used by a different company?
Brian's answer
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Answered on October 29, 2013
Since a "saying" or tagline can be used to create an association in the minds of consumers, it can be entitled to trademark protection. Your use...
Can I sell an item that I made using a Simplicity or McCalls sewing pattern that I purchased?
Brian's answer
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Answered on October 29, 2013
A seamstress or dressmaker, under the copyright terms which McCall patterns are licensed, is definitely allowed to use a McCall pattern to make a...
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