Archived
Can someone else infringe a copyright if it's still in the process of getting an official government copyright certificate?
Frank's answer
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Answered on December 04, 2019
As noted, this is a trademark issue not a copyright one. You may have already garnered rights to the name under common law that might help you...
Archived
Is Kick2Fetch too close to the competing product already trademarked Kick Fetch?
Frank's answer
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Answered on December 04, 2019
The only thing that separates the two is the number "2." This will be seen as likely to cause confusion assuming you are both operating in the same...
Archived
Can You Trademark Existing Name for Different Purpose?
Frank's answer
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Answered on December 03, 2019
The Delta Airlines versus Delta faucets is a great example. It really depends on how different the goods and services are.
Before you invest in...
Archived
The manager of a famous musician either lost or is withholding a recording of mine, can I hold them financially responsible?
Frank's answer
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Answered on December 03, 2019
The problem in a case like this is quantifying your loss. What is this worth exactly? You don't get monetary credit for the sentimental value in...
Can I add an ingredient to a brand name product and make it my own?
Frank's answer
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Answered on December 03, 2019
All makers of goods are using other's components as part of their final product. For example, you might make a BBQ sauce but you use Heinz ketchup...
Can a company use a picture of your pool in their ad w/o asking or compensating you?
Frank's answer
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Answered on December 03, 2019
First, make sure you did not give your consent as part of any written agreement or invoice, SOW, etc. you may have signed. But even if not, this is...
Archived
Can the purchaser of a non-licensed crochet pattern for a licensed character be sued?
Frank's answer
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Answered on December 03, 2019
Crocheter B should not have any legal concerns so long as they are not engaging in any commercial activity regards to any infringing items. Merely...
Can I repackage a bulk item into smaller packages and sell in a gift basket, keeping the original manufacturer's info?
Frank's answer
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Answered on December 03, 2019
What you are describing is referred to as bundling. This is not unlawful and we see it all the time with gift baskets, kits, etc. You are free to...
Archived
Can I revoke a copyright release form?
Frank's answer
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Answered on December 03, 2019
Unless you have a written agreement that specially addressed this issue and reverts any rights in the work back to you for non-payment then you...
Archived
What will happen if my trademark is canceled due to improper use in commerce ?
Frank's answer
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Answered on December 02, 2019
This is not really something you want to flesh out over this public forum.
Before you make any decisions about how to move forward, I suggest...
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