Archived
Are companies under any obligation to shut down anything that blatantly infringes on that company's trademarks or copyrights?
Frank's answer
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Answered on January 31, 2017
Answering this very broadly, no. But if a large company with many shareholders and interested parties ignores blatant infringement to their...
Can I legally publish a book containing multiple already published stories?
Frank's answer
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Answered on January 31, 2017
If the stories were first published that long ago then they are in the public domain and you are free to use them or create derivative works from...
Can i use the dos equis guy on a meme for my hvac company?
Frank's answer
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Answered on January 31, 2017
No, that's asking for a problem. If you were using it in some way for the purpose of social or political commentary then you would likely have a...
Archived
If a person links to your website and that link has a copyrighted image is that infringement?
Frank's answer
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Answered on January 30, 2017
If you are just talking about a thumbnail image (like you see on Google) then likely not or at least there are good arguments, otherwise even if...
Archived
I have a question regarding using.photos.
Frank's answer
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Answered on January 30, 2017
If your site is allowing for user-generated content, meaning they upload their own photos like on Facebook for example, and you are not...
Archived
Can I have illustrations of celebrities created to make jokes about them on products?
Frank's answer
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Answered on January 30, 2017
Using the name, image or likeness of someone, especially a famous person, to help sell or promote a good or service violates their publicity and...
Selected as the best answer
Archived
Business protection of an idea?
Frank's answer
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Answered on January 30, 2017
Without the benefit of any real details it is hard to offer a conclusive answer, but you are probably correct. You cannot really protect a recipe...
I want to trademark a wine with the name, "Beethoven". But I discovered someone already has the name, "Beethoven's Fifth".
Frank's answer
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Answered on January 30, 2017
In such cases, it is important to realize that advocating the mark through to registration does not now solve all your problems. Even if we had...
Archived
How to protect an idea from being stolen?
Frank's answer
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Answered on January 30, 2017
You take a risk no matter what you do in these cases. But the only thing you can do is to enter into some kind of legal relationship with them and...
Archived
Can my US based band use a name currently being used by a band in the UK?
Frank's answer
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Answered on January 30, 2017
Of course. But if the band has been operating in the US they might be able to claim prior use rights to the name under common law. If they are only...
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