Archived
I have a mobile app that allows users to post videos of sports highlights from the TV. Is this in violation of the fair use law
Frank's answer
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Answered on June 29, 2015
Nothing you suggest here seems to invoke the realm the fair use. What you propose sounds quite dicey and presents some exposure.
Further, fair...
Selected as the best answer
Is it okay to sell blank soccer jerseys?
Frank's answer
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Answered on June 29, 2015
No, you can't do that. The test is whether your market is identifying these as belonging to their favored teams. If so, then you are infringing on...
Wondering about what quotes are in the public domain?
Frank's answer
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Answered on June 29, 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...
Can I sue someone for using my art work without my consent or using my name in their own creations?
Frank's answer
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Answered on June 29, 2015
It's no longer your property once you gave it to them and there is no legal theory you can use to demand it back. The underlying IP rights to it...
Archived
In your learned opinion, would USPTO allow a medical marijuana dispensary locater app to be federally trademarked?
Frank's answer
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Answered on June 26, 2015
I don't think this should be a problem like if you were trying to register the mark for a brand that sell MJ and related goods. You of course have...
Archived
I just started my own business just one month ago and I've just recieved a letter of an illegal infringement
Frank's answer
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Answered on June 26, 2015
This happens of course, which is why you need to make sure you do your homework before making the investment in your name (trademark). The fact...
Archived
What legal statutes am I subject to? (Payment Security Startup)
Frank's answer
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Answered on June 26, 2015
I suspect this kind of activity will hit upon a number of compliance regimes the most gnarly being the banking and finance, but of course it all...
Archived
Is my business name similar enough to be trademark infringement?
Frank's answer
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Answered on June 26, 2015
So, maybe, maybe not. There are a number of factors involved and no one here can offer trademark clearance. I mean that would be nice, but there is...
Archived
1st ammendment vs employer
Frank's answer
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Answered on June 26, 2015
No. You would have no claim. Assuming you are an "at will" employee" meaning there is no contract in place that requires just cause, etc. then you...
Archived
Is there a difference filing for Trademark using "intent to use" or "using now"?
Frank's answer
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Answered on June 26, 2015
You may be able to amend the application within the appropriate timeframe to "in use." Or just wait for the notice of allowance to issue assuming...
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