I propagate rose that patent has expires but still have trade mark?
can I sell with the expired name legal?
Frank's answer
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Answered on May 21, 2021
A patent has a lifespan of 20 years (14 years for a design patent). A trademark (brand) can last forever so long as the mark remains used in...
Can I sell a cartoon-like artistic representation of an athlete who is contracted with a professional sports franchise?
Frank's answer
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Answered on May 21, 2021
You could be violating their right of privacy and publicity, which are state governed laws that vary. These kick in when one uses the name, image...
I would like to sell inspired designer products
Frank's answer
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Answered on May 21, 2021
Anything that has a logo or trademark on it that was not made by that maker will be counterfeit unless there is a license in place. Whether you can...
Can I as an author "work around" a right of first refusal clause in a publishing agreement with a publisher?
Frank's answer
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Answered on May 19, 2021
As noted, it will greatly depend on the language of the agreement. And I agree that they may not even want to bite on the new work being in a...
Can I print a photo of a copyrighted image for the purpose of decor?
Frank's answer
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Answered on May 19, 2021
If they are for your own personal use then this is no differnt than using an image you find online as wallpaper or a screensaver. It might be hard...
How to deal with Higbee & associates letter of copyrighted work owned by their clients on our website ?
Frank's answer
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Answered on May 19, 2021
The odds that anyone will sue over the use of one image on one website is slim to none. Ignoring them is a valid strategy, but we have no crystal...
Am I allowed to mention an artist or their song in the title of my online product?
Frank's answer
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Answered on May 19, 2021
You could be violating their right of privacy and publicity, which are state governed laws that vary. These kick in when one uses the name, image...
My show idea my have been stolen by TLC how can I take legal action?
Frank's answer
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Answered on May 19, 2021
I agree with my colleague. Unless your submission was conditioned in some way and there was some legal relationship between you and TLC then you...
Lanham Act and eBay VeRO Takedown
Frank's answer
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Answered on May 18, 2021
I don't really follow. What exactly is "counterfeit" here? They are not arguing copyright infringement, which is what protects something like a...
Can I use methods from published papers in my software package? How about the intellectual property of my software?
Frank's answer
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Answered on May 18, 2021
You received some good responses. As noted, it's subtle. You may have protectable claims here, but it may require a license.
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