Archived
Someone used my copyrighted song in a fitness commercial without my permission. I stumbled upon it online. Can I sue?
Walter's answer
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Answered on September 04, 2019
There may be an issue about whether an appropriate license has been provided through ASCAP.
You should discuss with an intellectual property...
Archived
Can a keyword within a brand name be trademarked?
Walter's answer
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Answered on September 04, 2019
Trademark rights are based on use.
Although it may be possible for two trademarks to be used on one product, there may be an issue whether...
Are characters with accents considered standard characters or as a stylization/design element when filing a Trademark?
Walter's answer
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Answered on September 04, 2019
Characters with accents may require special form drawing.
See: https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-800d1e1334.html
You...
Copyright Law: Using elements of another’s drawing in your own art.
Walter's answer
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Answered on September 04, 2019
Copyright includes at least the exclusive rights to reproduce the copyrighted work in copies, to prepare derivative works based on the copyrighted...
Archived
What can I do I got letter to sell counterfeit products
Walter's answer
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Answered on September 03, 2019
You should show the letter as soon as possible to an intellectual property attorney licensed in Massachusetts in a private consultation.
The...
Archived
How should my husband proceed in allowing a film director to use 6 of my husband’s original songs in a film?
Walter's answer
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Answered on September 03, 2019
Generally an exclusive license regarding copyright typically needs to be in writing.
If there is no written agreement, on the surface it does...
What do I do when selling personalized items and someone wants a sports team/teams on their items?
Walter's answer
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Answered on September 03, 2019
If you put a sports teams name or logo on a product, without permission of the sports team, and sell the product, you may be liable for at least...
Archived
If I trademark my business name, can I update it later with ", LLC" after I form this business structure?
Walter's answer
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Answered on September 02, 2019
Generally, one may be able to carry on a business, for example, as an individual, and have a trademark for use in selling/rendering goods/services...
Does a trademark only cover the specific words and not additional words?
Walter's answer
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Answered on September 02, 2019
Generally, if there is a likelihood of confusion of one trademark versus another as applied to the particular goods/services sold/rendered in...
Archived
Can I sell my personally owned photos of Walt Disney?
Walter's answer
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Answered on September 02, 2019
You may be able to sell a particular physical copy of a photo that you own, however, you may not have copyrights to the photo and you may not be...