Archived
Can I photograph my lighter and post that photograph on line without fear that the arch top infringes on Zippo's copyright?
Frank's answer
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Answered on January 22, 2016
That arch that you are describing would very likely fall under design patent or perhaps product mark or trade dress. Your question, while...
Archived
Is it possible to trademark the title of my novel with the USPTO as a stand-alone piece of fiction not in a series.
Frank's answer
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Answered on January 21, 2016
To chime in, as noted, titles to single creative works (songs, albums, books, movies, etc.) are not protectable under trademark law unless they are...
Archived
Can I name the company in the title and throughout the book? What are the possible and probable ramifications?
Frank's answer
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Answered on January 21, 2016
Your right of freedom of expression goes a long way so you are pretty free to write about anyone or anything your please. But you will be held...
What do I need to do to protect my recipes and dishes so that every time they are duplicated, I am paid loyalties?
Frank's answer
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Answered on January 21, 2016
The US Copyright Office explicitly states that recipes are not protectable, but on that note a recipe book is. This is because the recipe (1 part...
Can I trademark a fictional business name from a cartoon show that is not trademarked.
Frank's answer
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Answered on January 21, 2016
In short, yes. The fact that the name you have chosen appeared in a fictional work means nothing regards to whether you can use it, but you still...
Archived
Can another business that sells items in my classification use the first half of my trademarked name?
Frank's answer
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Answered on January 21, 2016
First, if you actually invested in a lawyer to pursue this and you are feel the need to go to a free and quite public Q&A forum to get advice you...
Archived
Could I legally register a company as BGE standing for Be Good Entertainment even there is already a company that goes as BGE i.
Frank's answer
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Answered on January 21, 2016
The only way you can get any actionable advice is to consult with TM counsel before you pull any triggers here. You can never receive trademark...
Archived
Does this company have grounds to dispute my use of the trademarked name if we are working on different markets?
Frank's answer
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Answered on January 21, 2016
This illustrates very well the importance of doing your homework upfront on any trademark before investing in it. Of course there are times when...
Do we need to show actual sales to register Trademark under "use in commerce"?
Frank's answer
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Answered on January 21, 2016
As some note, actual sales are not required and no one will ask that you prove out sales to show that you are "in-use." As to how prepare a proper...
Can I imitate a logo and use it publicly?
Frank's answer
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Answered on January 21, 2016
This all greatly depends. But in general a logo is likely protected by both trademark and copyright law. So even if what you describe does not...
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