Archived
What is a good start to start a copyright search? Is there a website that can help me do one for free?
Walter's answer
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Answered on June 22, 2017
If you go to www.copyright.gov you may be able to locate a work that has had a copyright registered for registrations dating from January 1, 1978,...
Can I use recordings from an out of business label without permission?
Walter's answer
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Answered on June 22, 2017
We would need to know more details concerning the recordings, such as potentially when they were recorded and/or published.
You should discuss...
Archived
Is a trademark has been filed (application) but not approved by USPTO, does the applicant still have right claim infringement?
Walter's answer
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Answered on June 22, 2017
While a U.S. registered trademark gives someone the right to file a trademark infringement lawsuit in federal court, for an unregistered trademark,...
Archived
If someone filed a trademark (application, not approved) "XYZ" and I use the name "XYZ•", do they have right to file claim?
Walter's answer
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Answered on June 22, 2017
Trademark rights are based on use, so it is possible someone may have trademark rights, such as common law trademark rights, without having a U.S....
Can I take photos for commercial purposes at a business with no property release?
Walter's answer
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Answered on June 21, 2017
If there are no posted signs indicating that you cannot take photos, if no one has asked you not to take photos, if there is nothing identifying...
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Online copyright. Dmca takedown court order
Walter's answer
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Answered on June 21, 2017
If this company is doing fraudulent DMCA take down notices, you may be able to file suit and get damages, costs, and attorney's fees.
You should...
Archived
What recourse do I have to stop another entity from using our Company Name?
Walter's answer
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Answered on June 21, 2017
If possible you should file for a U.S. trademark application.
However, you should know that typically a trademark relates to a type of...
Archived
IIf someone does not have a trademark in the USPTO for a name can I trademark the name before creating the product ?
Walter's answer
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Answered on June 21, 2017
You can potentially file for an intent to use trademark application and can potentially do an extensive trademark search prior to that. ...
Archived
Who claims ownership of this map?
Walter's answer
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Answered on June 21, 2017
What the user has created may be a derivative work of a work subject to copyright protection, and this user may be liable for copyright...
What can i do about an ex employee who uses my company name doing the same business ?
Walter's answer
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Answered on June 21, 2017
You may be able to bring an action for trademark infringement.
However, the fact that your name may be primarily geographically descriptive,...