Archived
My daughter posed for pictures with a photographer for advertising. And no longer works for the company.
Frank's answer
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Answered on October 21, 2015
I don't offer concrete conclusions here, but no it doesn't generally work that way. She gave her consent for the employer to use her image and that...
Archived
Someone is using an inmate's letter to publish on their blog without his permission, is it copy infrimgement?
Frank's answer
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Answered on October 21, 2015
Let me preface with no one is going to bother with something like this free of charge.
Depending on the facts it may amount to a copyright...
Archived
Trademark Issue
Frank's answer
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Answered on October 21, 2015
If in fact this entity caused damage as you say and made false trademark infringement claims where no such infringement exists then you likely have...
Archived
Is it illegal to sell replica designer purses ?
Frank's answer
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Answered on October 20, 2015
Like the others, I suspect that most if not all of these offerings are illegal knock-offs. The exposure is really with the seller and not with one...
Archived
Can I use a phrase trademarked by another company if I quote the source (which is other than the trademarking company).
Frank's answer
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Answered on October 20, 2015
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...
Clarification needed regarding use of copyrighted images and the "First Sale Doctrine".
Frank's answer
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Answered on October 19, 2015
I think my colleagues offered some good responses. This is really a trademark infringement matter and not a copyright one. The first sale doctrine...
I want to file a intent to use trademark with USPTO. How much would a case with these specifics (details shown below) cost me?
Frank's answer
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Answered on October 19, 2015
The filing fee is per class (IC 09 in your case, not the US classes or subgroups as you note) and as to how exactly you should file the mark is a...
Archived
Do I need permission for the quote: "Illustration by Goosebumps illustrator, Tim Jacobus?"
Frank's answer
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Answered on October 19, 2015
A very good way to wrap your head around this question is to ask yourself why you would ever do that? The fact that your illustrator is credited...
Archived
Do you recommend me to get insurance for my online retail business? Also, would I need/do you recommend a patent for my product?
Frank's answer
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Answered on October 19, 2015
My colleague offered an excellent and most generous response. Getting a good general business liability policy is always a good idea and in most...
Archived
Is there a type of lawyer that can help me enforce my Trademark to take over social media usernames?
Frank's answer
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Answered on October 19, 2015
I think a TM lawyer can help in the first instance by conducting a proper clearance on the mark in question (see below for more on that) and making...
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