Archived
A unique artistic practice or utility that identifies with the artist and his artistic image. Could that be protected?
Frank's answer
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Answered on August 08, 2019
What you are describing is really nothing more than a contractual obligation that the creator would have to enter with purchasers of their work...
Archived
Can I sue facebook?
Frank's answer
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Answered on August 08, 2019
I don't think I understand what you mean exactly, but if you believe FB has breached a duty owed to you then you are free to spend your money to...
Archived
I am writing a book about Christmas holidays?
Frank's answer
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Answered on August 08, 2019
Merely mentioning these entities in your work is not necessarily a problem, but the context really matters.
Before you commit to anything, I...
Archived
Can I get your opinion on Fair Use application?
Frank's answer
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Answered on August 08, 2019
As noted, this invokes both copyright and trademark rights issues. This is not to say that it can't be done, but I would need a more thorough...
Archived
USPTO suspension consultation needed?
Frank's answer
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Answered on August 08, 2019
This of course requires a proper vetting. If you can still revive the first application do that now. If not, you can consider going after the other...
Archived
Website designer I hired stole my website?
Frank's answer
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Answered on August 08, 2019
It's very hard to say what the best course should be without all the facts. For example, how much money is in controversy here exactly? Where is...
Can I put my signature on my tee shirt design if I have purchased licensing rights to use the image for resale on items?
Frank's answer
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Answered on August 08, 2019
As noted, this should be addressed in the licensing agreement. If not, then it should be negotiated and addendum can be made. The concern is that...
Someone registered trademark "SleepSack", Can we sell sleep sack ?
Frank's answer
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Answered on August 07, 2019
So if you and this other mark holder are operating in the same industry it is going to be a problem because the space is not relevant. But I'm not...
Archived
Can I place a cartoonified version of someone with their full name in my children’s book?
Frank's answer
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Answered on August 07, 2019
For sure. You have a proper publicity release agreement created and have them sign that.
Before you commit to anything, I suggest that you...
Archived
Who owns the intellectual property rights when terminated?
Frank's answer
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Answered on August 07, 2019
Either way, they have rights that cannot be frustrated by you. As noted, if you were a bona fide employee operating within the scope of that...
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