Archived
Should I trademark a name for my business or choose another one? How do I buy a dead trademarked name?
Frank's answer
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Answered on May 14, 2020
If a given mark is in the federal database listed as "dead" then this entry will pose to hurdle for your at least with respect to the application...
Can someone explain fair use/copy write rules for using screen-grabbed images from movies, games, tv shows, etc. on a blog?
Frank's answer
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Answered on May 14, 2020
In many cases, these will be examples of fair use (as noted by my colleague) because you are specifically commenting on that scene in the movie or...
Can I use the same product as someone else?
Frank's answer
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Answered on May 14, 2020
No one can claim a bald idea. They may be able to protect their investment in creating something novel through a patent, but this will only protect...
Can you create t-shirts about any public figure in the government and sell them without legal problems?
Frank's answer
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Answered on May 14, 2020
These kinds of questions cannot be addressed without the proper context. If you are making a social or political statement about a public figure...
I made an electronic rendition of Beethoven's Für Elise, "a cover song" technically. Can I legally monetize off of it?
Frank's answer
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Answered on May 14, 2020
You are referring to the current length of copyright protection for private authors that lasts their life plus 70 years. Works by Beethoven are...
Is it considered copyright/trademark infringement to write a textbook based on learning an established curriculum?
Frank's answer
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Answered on May 14, 2020
I'm not sure what your intentions are exactly. You are free to write about topics like Common Core. If you are copying another's work, however, so...
Where is the legal line in the sand for Trademark Infringement?
Frank's answer
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Answered on May 14, 2020
There really is no Brightline rule here. In some cases, where another's trademark appears in an original work of art and which could not create any...
Do we need to ask for copyright permission from owners/manufacturers to use an actual image or video from their website?
Frank's answer
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Answered on May 14, 2020
Anytime you use someone else's images you need to get permission for that unless it is a fair use or the images are no longer protected under...
Archived
"If a book is declared public domain, can it be used creatively by others?"
Frank's answer
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Answered on May 14, 2020
Anyone is free to place their work in the public domain whereby they basically release liability under copyright law. This will also happen by...
Archived
What if I hire an artist to recreate a musicians album cover artwork? Would I be able to sell that artwork on a new product?
Frank's answer
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Answered on May 14, 2020
If I understand correctly, you're saying that you hired an artist to create album cover art. You now want to use that work for another purpose and...
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