Archived
When it comes to patterns on clothing or something similar like a nail art stencil, how do you check for copyrights?
Frank's answer
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Answered on December 13, 2016
As noted, basic shapes will not be covered under copyright because they lack the requisite creative expression. I've seen many disputes where...
Archived
Funny complication videos copyright laws.
Frank's answer
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Answered on December 13, 2016
I would probably do some quick internet searches on the subject so you can get real fleshed out information, but what you allude to is a parody...
Governing Law vs State of Incorporation
Frank's answer
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Answered on December 13, 2016
Yes, the agreement is valid. The fact that you seem surprised by this indicates that it was most likely a drafting mistake (which happens) and I...
Archived
How do I revive an expired trademark for a defunct company that I now own?
Frank's answer
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Answered on December 12, 2016
You just need to now get a proper due diligence clearance done and assuming all looks good file a new application.
Before you invest in any...
Selected as the best answer
Archived
What protection do I have as a registered LLC doing business in my state against federal trademark infringement claims?
Frank's answer
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Answered on December 12, 2016
Your business registrations have no meaning or effect regards to trademark rights. The fact that a given state accepted your business filing does...
Archived
Can I, as a writer of fiction, use a real company and its employees, in my plot?
Frank's answer
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Answered on December 12, 2016
I mean you are free to use a real entity in a work of fiction provided that any reasonable person would understand that it is a work of fiction and...
Archived
How do I ask someone to not use a domain that I have the trademark to?
Frank's answer
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Answered on December 12, 2016
As you can glean from the other answers, this requires an analysis. When you say you have a trademark, is it a federally registered trademark? How...
Archived
Patent an App and the business concept
Frank's answer
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Answered on December 12, 2016
The odds that a patent will add value or be economically viable for an app these days are probably pretty slim, but always worth have that...
Archived
I am writing a research paper and there is a term that is trademarked by a company. how can I use this term legally?
Frank's answer
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Answered on December 12, 2016
As noted, you are always free to refer to trademarks descriptively in text but using a brand's logo is often seen as using more than what is...
Archived
Do I have a case against a competitor who has used baseball bat name for his recent bat that I have been using for a long time?
Frank's answer
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Answered on December 12, 2016
This begs a proper analysis. You may have garnered some common law rights to the name of your product under trademark law which would extend to the...
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