Archived
What are the lines between "generic image" and "copyright infringement" relating to images in movies on t-shirts?
Frank's answer
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Answered on May 07, 2019
So this conflates both copyright and trademark. Copyright speaks to creative expression. Words and short phrases are not afforded copyright...
Archived
Question Regarding Copyrights?
Frank's answer
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Answered on May 07, 2019
There are a number of ways to approach this and you are not limited to just IP infringement claims.
Of course, the dealer needs to be on...
Archived
Am I lawful to create an affiliate marketing website with colored themes respective to professional and college sports?
Frank's answer
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Answered on May 07, 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...
Archived
Who owns the rights to reproduced artwork based on source material?
Frank's answer
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Answered on May 07, 2019
If you were commissioned to produce the work, which in itself could be an infringement if the underlying artwork was still protected under...
Archived
Does a blog require buisness license ?
Frank's answer
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Answered on May 07, 2019
If all you are doing is blogging with no commercial transactions I would not worry about anything. If you are generating income through the blog...
Archived
Can I upcycle a product and resell?
Frank's answer
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Answered on May 07, 2019
You are free to buy an item then contribute your own artistic elements to it and resell it. That in itself is not unlawful. You can't present a...
Archived
Should I accept a co-existence agreement or attempt a cancellation of a trademark?
Frank's answer
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Answered on May 07, 2019
Who used the mark first in commerce anywhere? That is the critical question. If you used it first then I would never accept those terms. You should...
Archived
Trademarking my Youtube name
Frank's answer
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Answered on May 06, 2019
Entertainment / education is a service for sure. If you are producing content like video podcasts, etc. that can be protected.
Before you...
Archived
Cease and desist response options?
Frank's answer
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Answered on May 06, 2019
You have a lawyer, so of course consult him/her. I would not be concerned about the 10 days. Usually, lawyers ask for 10 days for you to respond to...
Archived
How do I create a clothing & accessories business using original artwork?
Frank's answer
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Answered on May 06, 2019
There are two aspects to consider. One is the copyright interest in the designs themselves. Any creative expression will be covered by copyright...
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