Archived
Does trademark infringement apply if your product was out in the market before the trademark was filed?
Frank's answer
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Answered on October 27, 2014
Anytime you receive a cease & desist or other letter that suggests some legal action might be taken, I would take it seriously and at a minimum...
Archived
Is it legal to include stipulation in a contract saying a customer has to cancel a monthly fee contract in person?
Frank's answer
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Answered on October 24, 2014
There is no black and white answer as to whether they can legally enforce such a provision. I would guess that unless they had a very good reason...
Archived
Am I responsible if someone get hurt at sport event I organize?
Frank's answer
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Answered on October 24, 2014
It depends. Where is the taking place? If someone got hurt, how did they get hurt? Was it because of activities that you sponsored or because they...
Archived
Would I be able trademark this phrase?
Frank's answer
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Answered on October 24, 2014
If, in fact, you are a sushi chef from TX, then the phrase is descriptive, presumably, but this does not necessarily mean you can't use it, only...
Archived
Trademarking / patenting a name for an event.
Frank's answer
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Answered on October 22, 2014
Just because it is the same name as the title to a movie, does not mean you are prohibited from use. The mark will have to be cleared like any...
Archived
Does a trademark for intent to use protect you in the event you want to discuss your product service with people?
Frank's answer
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Answered on October 22, 2014
This depends. A title to a single creative work cannot be protected. That is, not unless it is part of a series which is why you see many filing in...
Archived
I stay in Ohio I want to start a clothing line. I would like to know what I need to do to get rights to the name I want to use
Frank's answer
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Answered on October 22, 2014
You are free to contact any of the lawyers that respond here, but I doubt any will write to you directly until you contact them directly.
That...
Archived
Do I need to file an extension of request for a trademark child application in the same class as the parent application?
Frank's answer
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Answered on October 22, 2014
I believe me colleague addressed your substantive concern and also agree that making sure you are getting the proper guidance on this will be worth...
Archived
Can I buy bags of candy and re-package under my label? Do I need someones permission? What is the proper way to label my kits?
Frank's answer
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Answered on October 21, 2014
So, the short answer is yes. The longer answer involves understanding exactly what you propose and making sure you are not crossing over the line...
Archived
Registration refused on grounds of Likelihood of Confusion (different classes & mark). Do I have a chance of registration?
Frank's answer
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Answered on October 21, 2014
It's close no doubt it, but there are some arguments to make if you had to make them. For example, if you have already invested heavily in the name...
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