Archived
Intellectual property law. Can a designed art piece that designed be copied and sold by another company w/o permission?
Frank's answer
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Answered on November 08, 2016
This whole scenario deserves a proper analysis. In general, any creative expression will be covered by copyright law automatically. Then you...
TuneSat is seeking money for YouTube-use of FreePlay Music tunes we thought were free. Naivete is our only guilt.
Frank's answer
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Answered on November 08, 2016
You need to get some proper legal attention on this Are you able to provide any evidence that the music was obtained from a royalty free platform?...
Archived
Is it to plaintiff's advantage or not to send a cease-and-desist letter prior to publication?
Frank's answer
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Answered on November 08, 2016
You should be sending notice as soon as you are made aware of the infringement. Once it goes to publication it will be that much harder to do...
Archived
Is a city or area trademarked for purposes of registering an internet domain name
Frank's answer
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Answered on November 07, 2016
This is interesting, because while they may have trademark rights to the name "Coachella Music Festival" but this does not mean you are infringing...
Archived
Can I use the name NBA to name an internet basketball forum about the NBA, for example something like, nbaforums.com?
Frank's answer
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Answered on November 07, 2016
You are free to use another's trademark descriptively in text to refer to that mark holder. This is called "nominative fair use" and the classic...
Archived
Can someone trademark something they saw on TV?
Frank's answer
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Answered on November 07, 2016
The fact that this term appeared on clothing or anything really through a TV show is just not relevant regards to trademark law. The key...
Archived
Can I use a combination of a specific year and city name on clothing (in cases that might cause confusion)?
Frank's answer
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Answered on November 07, 2016
This should not be a problem unless "1996" or "Atlanta" are being employed as trademarks in the same or related class of good or service AND your...
Archived
What are my legal options when a client will not pay for their business logo?
Frank's answer
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Answered on November 07, 2016
Your option is to sue them for services rendered (non-payment). At this point it is a claim under contract law not intellectual property. As a...
Archived
Developer claims an effect I created infringes up the copyright of their Game. Advice?
Frank's answer
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Answered on November 07, 2016
This scenario requires a proper case matter analysis. The copyright infringement test is called "substantial similarity." Remember, any creative...
Can my ex claim copyright infringement for posting pictures online that he took while we were together?
Frank's answer
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Answered on November 07, 2016
You really can't have it both ways. You claim this was an abusive relationship (and I will assume that you were not married to him which will...
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