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If there is a major pop song that repeats a phrase, and there is no trademark filed, can i trademark that phrase?
Frank's answer
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Answered on August 08, 2016
The fact that a particular phrase appears in a song does not mean that it is in use as a trademark. Because copyright protection will not affix to...
Archived
Is the dialogue in a produced screenplay non re-publishable, copyrighted material?
Frank's answer
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Answered on August 08, 2016
The fact that copyright material is used for some educational purpose does not in itself afford you a fair use of that content. As noted, there is...
Archived
Can I have "Flying Fit" trademarked if "Fly Fit" is trademarked by another individual?
Frank's answer
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Answered on August 07, 2016
Many trademarks share the same or very similar terms. For example, we are not confused as between Delta Airlines and Delta faucets. But as the...
Archived
I need help with the copyright strike on my youtube channel
Frank's answer
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Answered on August 05, 2016
In order to offer a proper answer we would need more information. That fact that you did not make any revenue does not mean you weren't infringing....
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Do I have to send Cease and Desist letters after I discover infringer didnt remove content after 30 days ?
Frank's answer
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Answered on August 05, 2016
All the very specific facts and details need to be sorted out here. There should be no reason why you should not be able to send a C&D now.
If...
Archived
Will i need a lawyer
Frank's answer
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Answered on August 05, 2016
Each aspect has it's own governing law. Trademark rights can last forever so long as the mark remains in use. The life of a utility patent is...
Archived
What is the best wording to give my acting stage name full legal protection against infringement in the United States?
Frank's answer
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Answered on August 05, 2016
You received very good advice.
Before you invest in any trademark make sure you get some legal guidance upfront. It is of course best practice...
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Can I use a clip of a person without their permission if there face is blurred?
Frank's answer
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Answered on August 05, 2016
I can take stabs in the wind here, but it all depends on what you are using and how you are using it. Of course if you are taking steps to hide...
Archived
Can I sell a poster purchased that I've altered?
Frank's answer
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Answered on August 05, 2016
Ah, very good question with no direct answer. Check out this 7th Circuit case on point, although your facts are one small step removed and of...
Archived
Can I use a single line from star trek (original) in an indie game?
Frank's answer
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Answered on August 05, 2016
Using quotes will generally be permitted. This is largely because using what amounts to a very small portion of a much larger body of work will not...
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