Archived
Can I sue for copyright infringement for use of my copyrighted photo after winning a small claims suite?
Walter's answer
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Answered on September 26, 2018
You may be able to sue for copyright infringement, and they may argue that the small claims matter has already resolved issues between the parties....
Archived
Can I trademark a company name if somebody is using the name, but hasn't trademarked it?
Walter's answer
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Answered on September 26, 2018
Generally, someone may have common law trademark rights without a trademark registration.
Generally, when someone files for a U.S. trademark...
Archived
How protective is the DMCA for website owners?
Walter's answer
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Answered on September 26, 2018
Generally, to get the safe harbor protections of the DMCA, various take down policies and procedures would typically need to be in place, and what...
How do I sell a trade secret?
Walter's answer
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Answered on September 26, 2018
You may want to have your entire small business evaluated.
You may be able to sell the trade secret, along with business know how, as part of...
I want to trademark a phrase for apparel/clothing use that is already trademarked by someone else for clothing as well.
Walter's answer
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Answered on September 26, 2018
If someone has an active U.S. trademark registration for a phrase for the same goods/services that you want to sell/render, then there is a serious...
Archived
Someone had copyrighted my work right from under me, and is now trying to sue. Is there any way I can stop what they are doing?
Walter's answer
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Answered on September 25, 2018
Generally, copyright, at least for U.S. works, created today, occurs when a work having a modicum of creativity is fixed in a tangible medium of...
How can I copyright my lyrics for a song if I used public domain samples?
Walter's answer
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Answered on September 25, 2018
There may be a copyright infringement concern because you say "I have no way of tracing where all of the samples came from".
Generally,...
Archived
What steps do I take to get a Brand for my trivia game?
Walter's answer
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Answered on September 25, 2018
Generally, if you use images of famous singers, for commercial purpose you may be violating their rights of publicity.
There may also be...
Archived
Is a Public Business allowed to use my Last Name and my Great Uncle as the sole promotional tool of their establishment?
Walter's answer
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Answered on September 25, 2018
They may be violating your great uncle's or your right of publicity depending on all of the facts.
You should discuss with an intellectual...
Archived
How does a registered url and domain name relate to trademarks, copyrights, etc., and to other people using or copying?
Walter's answer
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Answered on September 25, 2018
Generally a domain name may be used as a trademark for selling/rendering goods/services.
Generally, you may be able to have a trademark for a...