Archived
I want to open a resturaunt but someone else uses the name but they don't have a trademark. Would I be able to open under that
Walter's answer
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Answered on June 04, 2018
Generally, someone may have common law trademark rights without a trademark registration.
If this other business is operating within your...
Can I sue a company if I submitted an idea to them and now they appear to be using my idea without compensating me?
Walter's answer
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Answered on June 04, 2018
You may be able to sue for misappropriation of ideas, which typically depends on state law and generally it would be difficult to succeed and will...
I am featured in a viral video, can I sue / collect for [some of] the Ad revenue? I don't own the video.
Walter's answer
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Answered on June 04, 2018
You may be able to sue for violation of right of publicity, defamation, or invasion of privacy depending on all of the facts.
You should...
Archived
Is it legal to use a trademarked brand name on an online website if you are not an authorized re-seller?
Walter's answer
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Answered on June 04, 2018
Under the first sale doctrine you may be able to use the brand name in the description of the product, depending on all of the facts.
In...
Is the word ARMY copyrighted?
Walter's answer
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Answered on June 04, 2018
The word "Army" appears to be, at least, part of numerous registered U.S. trademarks.
Regarding your particular phrase, you should have a US...
Archived
Can I alter the band AC/DC logo to RC/BC and sell it. Will I be able to trademark RC/BC?
Walter's answer
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Answered on June 04, 2018
AC/DC may make, at least, an argument of trademark infringement, asserting that your logo is confusingly similar to their logo, and you may be...
Can I make a song parody on YouTube without copyright issues?
Walter's answer
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Answered on June 04, 2018
If you do, what you assert is a parody of a song, you may be sued by the copyright owner of the song, anyway, and you may need to assert the...
Archived
Is it okay for me to use the trademarked "What's Up, Doc?" as a name for my music publishing company?
Walter's answer
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Answered on June 04, 2018
"What's Up, Doc" appears to be, at least, a registered trademark of Warner Bros. Entertainment Inc.
There may be a trademark infringement...
Can I teach a tutoring class using third party books if the books were bought at retail price?
Walter's answer
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Answered on June 04, 2018
There may, at least, be a trademark infringement concern, if you are advertising a class which may incorrectly indicate that the class is...
Archived
To register a musical composition, can I send a PDF with the lead sheet and the lyrics aside?
Walter's answer
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Answered on June 04, 2018
Regarding deposit requirements for copyright registrations of musical compositions, see:
https://www.copyright.gov/circs/circ50.pdf
You...