Archived
Can a decorative display frame use complementary copyrighted/trademarked items for display on a website for purchase?
Frank's answer
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Answered on September 27, 2017
I agree with my colleague. My concern is that even if you can obviate any trademark market confusion issues here, you have the copyright issues...
Archived
In responding to an office action likelihood of confusion - can I use this as an opportunity to respond to t-mark infringement?
Frank's answer
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Answered on September 27, 2017
I'm my many colleague's offered great responses to this. If you are trying to assert your prior use rights under common law, then the appropriate...
Archived
What do I ask for in compensation for illegal usage of my image?
Frank's answer
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Answered on September 27, 2017
Nothing is obvious here. You allude to terms, I assume there is a written agreement in place right?
The first step is to have that agreement...
Is a chance at an undefined amount of money considered fair enough payment for an invention assignment?
Frank's answer
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Answered on September 27, 2017
Anyone who would be inclined to take legal action over the exploitation of their copyright interests at some point later, is not going to just...
Archived
What can I do now? Should I file DMCA counter-notice?
Frank's answer
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Answered on September 27, 2017
To get you the proper answer, we will have to conduct a case/matter infringement analysis. Many people abuse the DMCA take down process as a way to...
Archived
I have a youtube channel that is doing very well. In all of my videos i say a Phrase. can i trademark or copyright this phrase?
Frank's answer
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Answered on September 27, 2017
If you are using the phrase as a tagline or slogan, which identifies your channel in commerce (e.g., "I'm Lovin It" or "Just Do It") then that is...
Archived
Is it ok to have the same DBA as another company, but in different line of service?
Frank's answer
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Answered on September 26, 2017
On its face, this is probably fine because no one will confuse a women's group with a skin care product as you are in very different classes of...
Archived
Is a drawing of red shoes with the words " you always had the power, you just needed to learn it for yourself - public domain?
Frank's answer
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Answered on September 26, 2017
We really can't answer this without understanding how exactly you intend to use it. Are you using this as a trademark and if so then it needs to be...
Archived
Can a client obtain copyright protection for his scholarly work that he produce for government's use?
Frank's answer
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Answered on September 26, 2017
Greetings St. Croix!
It will depend on the language of the contract, but even if your client technically retains the copyright interest, this...
Archived
If I use a name as my online name and eventually make it to the pro leagues, can it be infringement if someone has TM that name?
Frank's answer
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Answered on September 26, 2017
Lots of people share names. In order for infringement to occur, the name would have to be employed as an actual trademark identifying the source of...
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