Archived
Can I create original artwork using vintage band names (for example Guns'N'Roses, Metallica, Biggie etc.) to sell for profit?
Frank's answer
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Answered on March 13, 2019
My colleagues addressed the substantive legal concerns. The way you approach your client on this is to just let them know that you face exposure...
Archived
How do I use copyrighted music in a podcast.?
Frank's answer
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Answered on March 13, 2019
Using sound recordings is more sensitive even when you have a rather clear fair use of it largely because musical works are short works unlike a...
Are recipes copyright protected?
Frank's answer
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Answered on March 13, 2019
In general, any creative expression will be covered by copyright law automatically. Then you register the work with the US Copyright Office so to...
Archived
How to go about the name of a product, thats similar to another?
Frank's answer
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Answered on March 13, 2019
Adding descriptive terms like "podcast" or "show" will do nothing to change the analysis. I could not use "Google Search" and get away it....
Archived
If the word/mark "disrupt living" are TM but I own the .com can I use the name - "the disrupt living podcast" w/o infringing?
Frank's answer
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Answered on March 12, 2019
Adding the term "podcast" does nothing to distinguish the marks, so if you are both operating in the same or related industry then this can be a...
Archived
Do I have to pay a photographer who is filing a claim against me for using a Copyrighted image that I'm not profiting from?
Frank's answer
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Answered on March 12, 2019
The odds that someone will invest in legal action and sue over the use of one image on one website are slim to none and 7K is a ridiculous amount...
Can I redraw Disney characters and sell them?
Frank's answer
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Answered on March 12, 2019
This would require a license. You cannot present a false association, sponsorship, endorsement or other affiliation with any given trademark owner....
Is it legal to sell a company's products on your site without their explicit permission?
Frank's answer
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Answered on March 12, 2019
You are free to resell any lawfully purchased item and you are not required to purchase from an authorized source, but doing so ensures the best...
Can I use famous landmarks in my logo?
Frank's answer
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Answered on March 12, 2019
Sure, you just have to make certain that your trademark is not likely to cause market confusion as to the source of goods and services. You also...
If you submit a specimen of use for a trademark do you have to submit an updated specimen if you later change your packaging?
Frank's answer
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Answered on March 12, 2019
As noted, you will have an opportunity to provide a new specimen between your 5th and 6th year of use when you file your Section 8 (statement of...
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