Can I legally sell pinback buttons that I make by buying licensed paper products like stickers, etc, under first sale doctrine?
Frank's answer
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Answered on December 10, 2020
The first sale doctrine allows you by a thing protected under copyright and replace that thing back into commerce without the threat of...
What does the TM sign mean and can it help establish a common law mark?
Frank's answer
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Answered on December 10, 2020
This is just a common law qualifier. You are not obligated to use the TM (goods) or SM (services), but you can. It is basically a notice mechanism...
Can I put my brand on a product I modify at the request of a consumer that already owns it?
Frank's answer
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Answered on December 09, 2020
As described, this sounds problematic because even though you are contributing to the product you are not the source of it.
Before you commit...
Archived
Is it legal to make a t shirt using my own artwork of a caricuture of someone famous, say like Jerry Garcia?
Frank's answer
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Answered on December 09, 2020
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...
Archived
Can I be sued for having a blog website based in the US if something confusingly similar is trademarked in the EU?
Frank's answer
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Answered on December 09, 2020
You really need a proper analysis here. If there is no claim to the US market by this EU entity then this isn't going be an issue and you will not...
Are sports betting picks copyright? If you buy someone's predictions "picks" could you sell them yourself or is this illegal?
Frank's answer
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Answered on December 09, 2020
Whether they actually have colorable claims here really depends on details we have no access to. You need a proper analysis.
Before you...
Can I use the name of different songs on a product?
Frank's answer
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Answered on December 09, 2020
Using the titles is not in itself a problem so long as they are cleared as trademarks. Single creative works are not afforded trademark rights....
Archived
Netflix show stole the format of my novel that was published in Feb 2019, before the show originated.
Frank's answer
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Answered on December 09, 2020
You need to have a proper analysis done. There is not much we can offer from here.
I suggest that you consult with a lawyer in private and...
Would it be legal to use free stock images off Pixabay to sell?
Frank's answer
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Answered on December 09, 2020
When you use content from these stock photo platforms you do so under their terms. These licensing terms will vary based on the nature of that use....
Do I need licensing rights to reference public/historical figures?
Frank's answer
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Answered on December 09, 2020
No, not if you are merely referring to them or writing about them. if you are using their name, image or likeness to help sell or promote a good or...
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