Hey! I want to start a candle ecommerce brand but am worried that I will run into legal trademark/copyright issues.
Frank's answer
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Answered on December 13, 2023
Before you commit to anything, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by...
Rhinestone official sport apparel?
Frank's answer
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Answered on December 13, 2023
This can get a bit chewy. If you are selling the product and it is likely that the market perceives that the rhinestone additions came from the...
If I have been using domain name for years, but I never bought a trademark, can someone just register it and make me c&d?
Frank's answer
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Answered on December 13, 2023
No, not if you had the domain first and you use it in good faith. If. however, your use of the domain presents a false association with the mark...
Can I use the colors to nfl, mlb and other professional sports teams?
Frank's answer
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Answered on December 13, 2023
What you are speaking to is considered "trade dress" and if your market is easily associating those colors with specific teams then it is a...
How do I verify if I can commercially use a quote/proverbs that are so old that actually tracking down the source is difficult?
Frank's answer
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Answered on December 12, 2023
From a copyright perspective, these are very old sayings that would no longer be protected in any event. And even if they were, merely quoting a...
When you post a question on Avvo can lawyers see the name you are using on your profile?
Frank's answer
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Answered on December 12, 2023
No, not from the Q&A platform. We just see the city you are posting from and the date. Maybe if you send a direct message to someone.
If I take a picture of a product I purchased from my local public store is it legal to share the picture with others?
Frank's answer
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Answered on December 11, 2023
Yes, of course. As noted, unless there is something more going on here, there should be no issue with taking pics of products you buy then sharing...
Can i still be granted a trademark i been using using for years but someone filed for the name first?
Frank's answer
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Answered on December 11, 2023
If in fact their registration seems likely to cause consumer confusion with your mark, then you may be able to petition to cancel their...
Vogue logo treadmark
Frank's answer
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Answered on December 11, 2023
Their mark is not really obscured in any of those and nothing their would mitigate trademark infringement if in fact it turned out that these were...
Can a character in my novel mention her love for the character Superman, as well as mention his characteristics?
Frank's answer
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Answered on December 11, 2023
That is not going to be an issue. Remember Seinfeld? He talked about Superman on nearly every episode.
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