Archived
I'm in California. If I design t-shirts and add a slogan do I need to patent it or get a license before selling online?
Frank's answer
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Answered on February 25, 2015
My colleagues offered very good insights here. Merely putting a saying on an article of clothing does not make that a trademark. But if you are...
Archived
Is there a way to fight a DMCA from an internet service provider?
Frank's answer
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Answered on February 25, 2015
Just to quickly chime in with the others here. I too am not understanding all the facts here. Even referring to this as a DMCA notice, which is a...
Archived
What should we trademark? The only branding on our product is on the product itself and is engraved by hand.
Frank's answer
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Answered on February 25, 2015
We have here what is called the law of foreign equivalency. This means that any mark presented in another language is translated and its English...
Archived
Is it common to trademark the company brand name standard character and in special form?
Frank's answer
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Answered on February 25, 2015
If you are laying claim to any graphical elements, colors, etc. then you are likely going to want to file as both standard character and image...
Archived
I'm designing a t shirt which will be resold with a quote from Maria Theresa. Is that legit or is that copyrighted?
Frank's answer
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Answered on February 25, 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...
Archived
Do I have any sort of case?
Frank's answer
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Answered on February 25, 2015
The short answer is yes, but such a case would not be worth brining unless you can show actual damages. Did you receive medical treatment and owe...
Archived
Does the name of this song violate any trademark copyrights?
Frank's answer
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Answered on February 25, 2015
Song titles along with other titles to single creative works are not protectable, which is why there a 100s of songs titled the same. If the title...
Archived
In terms of copyright where do I stand using characters I co created with another writer in a work of my own?
Frank's answer
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Answered on February 24, 2015
My colleagues here offered some great insights to which I agree. I think the only thing I would add is to reinforce the necessity to have this...
Can a bar owner refuse me service for no reason other than because another customer does not like my presence there?
Frank's answer
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Answered on February 24, 2015
It really doesn't matter. A private business can refuse service to anyone, at anytime and for any reason EXCEPT for those things that are protected...
We had a contract with an original term of 36 months which automatically renewed for 60 months? Is this allowed in the st of MD?
Frank's answer
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Answered on February 24, 2015
There is a concept in law known as a "strategic breach." This is where you willingly breach a contract because the cost of doing so is less than...
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