Archived
Questions regarding commercial usage and fair usage of sports images. Need input to settle legal debate for my small biz.
Frank's answer
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Answered on December 10, 2019
I wasn't clear on the underlying use based on the exchange above. If the NFL image is posted on your business website then of course this can be...
Archived
Can i use the nike swoosh with a pipe wrench for a plumbing business?
Frank's answer
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Answered on December 10, 2019
This certainly sounds like you might have a parody defense (look up the North Face v South Butt dispute). But even if you have a good legal...
Archived
In documented emails my copacker said they would make my product exclusively I found out they broke it 5 years ago do I have a c
Frank's answer
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Answered on December 10, 2019
Maybe. The agreement needs to be reviewed along with all the facts and circumstances. Remember too, it is one thing to have a claim, but not every...
Archived
Do I have to download a video app on my personal cell phone to video my employees if my boss tells me to?
Frank's answer
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Answered on December 10, 2019
The underlying reasons for your employer to request this are unclear. In general, your employer has a great deal of latitude regards to what it can...
Am I allowed to profit off of the logos of defunct companies?
Frank's answer
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Answered on December 10, 2019
The trademark aspect is one thing. If these are truly abandoned marks usually meaning at least three consecutive years of non-use in commerce, then...
I designed a hat and I named it however, I'm not sure if I need a Patient or TM on the name and or design.
Frank's answer
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Answered on December 09, 2019
In some cases, perhaps more rare, a design patent might be used. But in most cases, fashion design is protected under the brand (trademark) and...
What sort of license would I need to allow people in a talent show to preform songs and not violate infringement or copyright
Frank's answer
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Answered on December 09, 2019
The exception is performing in private for family or close circle of friends. Here, you likely fall outside the exception but not too far outside...
Archived
Is it legal to place an image link in a book so that the reader can go to a website and view the image?
Frank's answer
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Answered on December 09, 2019
Sure, that is akin to pointing somewhere and saying "look at that." As noted, your use of this photo may be under the realm of fair use anyway, so...
Can I dissolve an LLC and then trademark the business name?
Frank's answer
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Answered on December 09, 2019
What's happening with the entity is separate from the trademark. You are dissolving the LLC, but clearly still moving forward with the business...
Archived
Can you trade mark jewelry charms of anatomical body parts?
Frank's answer
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Answered on December 09, 2019
This really requires a more proper analysis. It is not clear what the extent of protection is that she may have here. Merely reproducing a...
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