Archived
Would a charity team name violate a trademark or copyright if someone uses the same name for a business?
Walter's answer
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Answered on April 26, 2018
It may be that this name, or a confusingly similar term, is not being used for a related purpose, and there may not be a trademark infringement...
Archived
Will I be breaking any laws by using athletes names on a menu in a restaurant?
Walter's answer
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Answered on April 26, 2018
If you use someone's name for commercial purpose you may be liable for violating their right of publicity depending on state law; you should...
Archived
Can a church use a theme from a popular show/movie as long as the logo is “redesigned”?
Walter's answer
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Answered on April 26, 2018
If someone uses a trademark which is confusingly similar to an existing trademark there may be trademark infringement concerns. In addition, an...
Can I use a parody of a logo for non-commercial use online?
Walter's answer
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Answered on April 26, 2018
You may be sued, at least, for trademark infringement, and you may make at least, fair use or first amendment arguments, but you may not be...
Archived
Can I insert a shape into a trademarked word and still be Infringement?
Walter's answer
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Answered on April 25, 2018
Generally, if someone uses a trademark which is confusingly similar to a prior existing trademark then there may be trademark infringement; the two...
Archived
Owner of an LLC wants to pay me to create a prototype for him and name himself inventor?
Walter's answer
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Answered on April 25, 2018
An inventor generally contributes to the conception of the invention, and it may be that the owner of the LLC is the only inventor here and that...
Archived
Can I be sued for patent infringement in the United States if the patent is from Canada?
Walter's answer
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Answered on April 25, 2018
Generally, patents are territorial, and if the only protection is a patent in Canada, then if your activity is solely in the United States, then it...
Can i use a trademark that has a cancelled status?
Walter's answer
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Answered on April 24, 2018
You should have a US full trademark search done, which would include, at least USPTO registered trademarks, USPTO pending trademark applications,...
Archived
HOW DO I GO ABOUT RECEIVING A COPYRIGHT FOR A CATCHY JINGLE I WROTE FOR A WELL KNOWN CANDY??
Walter's answer
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Answered on April 24, 2018
Copyright occurs when a work having a modicum of creativity is fixed in a tangible medium of expression, however, copyright registration is...
Does a licensing attorney usually get a percentage profit from a patent?
Walter's answer
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Answered on April 23, 2018
Generally, there may be many patent attorneys who prepare and file US patent applications on an hourly fee basis, and may not enter into any...