If I am representing NFL or other sports teams with artistic renderings of their logos, am I infringing on TM or Copyright laws?
Frank's answer
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Answered on November 25, 2019
You are free to use another's trademark descriptively in text to refer to that mark holder. This is called "nominative fair use" and the classic...
Is it trademark infringement if a customer buys a tumbler from me and then asks me to customize it with Disney characters?
Frank's answer
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Answered on November 25, 2019
Because you are the commercial establishment you could be held liable under a secondary liability theory like contributory infringement. Here...
How can I use anime artwork for commercial use?
Frank's answer
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Answered on November 22, 2019
This really depends on the degree and context of your use. If you are talking about just hanging a few pieces in a commercial setting this is not...
Is it legal for me to sell resin items I have made that have purchased, licensed miniature toys or stickers in them?
Frank's answer
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Answered on November 22, 2019
That is a trademark issues first and foremost because these enterprises like Mario Bros. have not sponsored or endorsed your products so you will...
Archived
Setting up a travel blog. USPTO trademark search for the name is clear, but name is used on a FaceBook blog page.
Frank's answer
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Answered on November 22, 2019
There is just no way to address this here in any meaningful way. As noted, there may be geographic descriptiveness or mis-descriptiveness issues...
Archived
Is it legal to post nude photos of adults that are taken from other sites and make a profit by charging a subscription to view?
Frank's answer
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Answered on November 22, 2019
You have two big concerns. One is the copyright interest in the photos that will usually belong to whoever took the photo or perhaps a platform...
Can I sell t-shirts with a trademarked phrase if I remove the punctuation?
Frank's answer
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Answered on November 22, 2019
The context really depends here. Placing a phrase on a shirt is not trademark use automatically. That is ornamental use. Someone may acquire a...
Archived
Can I still register the trade mark of some specific word?
Frank's answer
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Answered on November 21, 2019
The term "express" is likely a disclaimed term anyway, so under a trademark analysis the marks are identical for all intents and purposes. I would...
Archived
My song has been used in an international commercial for over two years without any permission, knowledge or signed paperwork?
Frank's answer
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Answered on November 21, 2019
As noted, this certainly sounds like a ripe claim.
Before you respond further in any way, I suggest that you consult with a lawyer in private...
Archived
Can someone revoke a license of image rights after 11 years?
Frank's answer
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Answered on November 21, 2019
You can counterclaim that as it is not a copyright matter under the realm of the DMCA. If anything, this is a publicity and privacy rights matter....
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