If signing a book contract, do I need to do so in my individual capacity to be named as the author and copyright owner ?
Walter's answer
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Answered on September 20, 2017
Generally, if you prepare a work as an employee within the scope of your employment for an employer, then that employer is the author and owner of...
Archived
Must I give live oral testimony in my testimony period in the TTAB Trial Phase in an Opposition Proceeding?
Walter's answer
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Answered on September 20, 2017
Under TBMP 703.01(a)
"In addition to submission of evidence under notices of reliance, parties may introduce evidence in the form of testimony...
Archived
Who would the legal owner of the below discussed material and what to do about it?
Walter's answer
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Answered on September 20, 2017
You state that "character was sold by a seller" and then "traded", and various other circumstances.
The bottom line is this, assuming copyright...
Can my students legally use images of super heroes such as superman and spider-man in the pages of a yearbook without a license?
Walter's answer
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Answered on September 20, 2017
On the surface, it appears that use of super hero images, such as Superman, in a school yearbook would be copyright infringement, and would...
Archived
Who is in the right and what action can be taken?
Walter's answer
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Answered on September 20, 2017
Generally, the person who created a character, is the owner of the copyright in the character, absent work made for hire situation or assignment....
Archived
Why would an atty say he's filing a patent lawsuit then after 3 months say he is not due to a 3rd party coming to the aid
Walter's answer
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Answered on September 19, 2017
Patent lawsuits can be very expensive. However, if someone is able to pay the potential high cost of such a lawsuit, and assuming that someone,...
Archived
Can? You repackage a product at the website first quality and put your own name own this certain product?
Walter's answer
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Answered on September 19, 2017
You may be liable for reverse passing off and you should discuss with an intellectual property attorney in a private consultation.
Archived
Do i need an intellectual property lawyer?
Walter's answer
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Answered on September 19, 2017
You may want to contact ASCAP, BMI, or SESAC about potential licenses.
Here are some...
Archived
Can a patent attorney give me advice on how to make an invention patentable (utility) AND help with getting it licensed?
Walter's answer
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Answered on September 19, 2017
Generally, you can work directly with a patent attorney to file for a patent application.
However, when you say "necessary changes to make the...
Is it fraud to use someone else's product as a "specimen" to apply for a trademark?
Walter's answer
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Answered on September 19, 2017
Generally, fraud may be grounds for opposing a trademark application or cancelling a trademark registration, however, you indicate that they...