Archived
Does the 1st Sale Doctrine allow me to charge a service fee for applying licensed material to a customer's personal item?
Frank's answer
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Answered on October 12, 2020
These scenarios are very fact dependent. In some cases, doing this would not be an issue. In other cases, it could be. There is an "innocent...
Archived
If an image is trademarked in 2015 but you have had and used the image since 2013, are you unable to continue to use it?
Frank's answer
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Answered on October 12, 2020
I don't think we can really address this here without fully understanding all the facts and circumstances.
Before you take any action, I...
If I hand paint a famous anime character on a shoe and sell it can I get in trouble for selling it?
Frank's answer
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Answered on October 12, 2020
Presumably this is a copyright infringement. Being you are operating in a commercial capacity and not strictly speaking a personal one then sure...
Is selling prints of drawings of celebrities faces legal?
Frank's answer
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Answered on October 12, 2020
As original works of art this should not be an issue and as noted if the images are transformative lending nuanced creative expression to them then...
Can I copyright an original song that I have shared in part on social media as an unpublished work?
Frank's answer
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Answered on October 12, 2020
Posting something online does not necessarily mean it was "published" for copyright purposes. For CR purposes publishing means more that you put it...
Can I show future employers designs that I created for my former employer by posting the designs on my website?
Frank's answer
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Answered on October 12, 2020
This is not something that would be worth it for your former employer to sue over. If you were an independent contractor when this occurred you...
Can I use a quote from a book on my shirts to sell?
Frank's answer
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Answered on October 12, 2020
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
How to open and protect a business and a business idea?
Frank's answer
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Answered on October 12, 2020
I will offer some remarks on trademark protection below.
Recipes are facts (one part x; 2 parts y) and as such are not afforded any copyright...
Archived
How can I protect my business idea?
Frank's answer
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Answered on October 12, 2020
You can't really protect a business idea in a vacuum. If that were possible we would only have a dozen or providers for all the goods and services...
How to find an expired trade mark?
Frank's answer
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Answered on October 12, 2020
I'm not sure what you mean? You can certainly find marks that are now considered "dead" at the federal registration level, but this fact does not...
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