Archived
1. Can you provide assistance in filing an application for my proposed mark with the USPTO and also internationally?
Walter's answer
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Answered on June 13, 2019
Generally, you should do a US full trademark search which would include at least, USPTO registered trademarks, USPTO pending trademark...
Archived
Is it Possible to sue my manufacturer if they sell my design/idea if they never signed a NDA?
Walter's answer
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Answered on June 12, 2019
It may be difficult to sue a manufacturer that is located in a foreign country, and it may be difficult to get your money back.
However, you...
Archived
Do I need a copyright or trademark for my logo? And will it be accepted?
Walter's answer
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Answered on June 12, 2019
If the second logo is confusingly similar to some other prior existing trademark of another party then there may be a trademark infringement...
We have a club member that has designed a new club logo for us, he is making cups and selling them for himself. Can he do this?
Walter's answer
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Answered on June 12, 2019
Assuming the logo has a pictorial element, he may have copyright to the logo, but the club may have at least an implied license to use for...
Archived
Can I sell a drawing of Chance the Rapper on a T-shirt?
Walter's answer
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Answered on June 12, 2019
Generally, if you use someone's name or image for commercial purpose you may be liable for violating their right of publicity.
You should...
Can I register for a trademark if someone else has used it but hasn't registered it?
Walter's answer
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Answered on June 12, 2019
You indicate that "a few other people have used that term casually when selling a similar product".
There may be a concern, at least, that the...
Archived
How do I get a trademark for my Facebook group
Walter's answer
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Answered on June 12, 2019
Generally, you should do a US full trademark search which would include at least, USPTO registered trademarks, USPTO pending trademark...
Archived
How do I respond to a DMCA counter claim on my copyrighted works?
Walter's answer
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Answered on June 12, 2019
Generally, under 17 USC 512(g)(2) the content may be replaced after effective counter notification unless there is an appropriate action seeking a...
Archived
Can I register a product trademark under my business name even if I’ve never registered it as a DBA? (I’m a sole proprietorship)
Walter's answer
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Answered on June 12, 2019
Generally, you may want to register your DBA first, because if you have been doing business under a name, which is not your own and not registered,...
Archived
If I model a pen name I'll use for my work after the title of a movie, will I need permission from the movie's creators?
Walter's answer
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Answered on June 12, 2019
A fictional character may be subject to copyright protection.
Also, regarding trademarks, generally, you should do a US full trademark search...