I am a registered corporation in Maryland. Another business started using the name of my corporation as a DBA name.
Frank's answer
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Answered on January 28, 2019
You may have enforceable rights under common law if you were using this as a trademark and were the first to do so within the scope of your market...
Can I get sued if I use brands like Gildan or champion to screen print my brand name/logos on them to sell?
Frank's answer
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Answered on January 28, 2019
I know this is a slippery area, but what you cannot do is present a false association with these brands or present to the public that you are the...
Can I use car names/logos to make custom posters?
Frank's answer
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Answered on January 28, 2019
This will likely be considered presenting a false association, sponsorship, endorsement or other affiliation with the trademark owners.
Before...
Can I sue a singer/songwriter for using lines from one of my poems in their song?
Frank's answer
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Answered on January 28, 2019
It would depend on what was used, how much in context of the larger body of work, whether it is a widely recognized work, etc.
Using quotes...
Archived
Can you have the same biz name as another business but in another state? & they copy right it too? Or able to if you added SF?
Frank's answer
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Answered on January 28, 2019
If there is a conflict merely adding "SF" to the name will not help overcome that.
Before you invest in any trademark make sure you get some...
Archived
I'm a freelance graphic artist facing a potential copyright infringement lawsuit. Will forming an LLC immediately protect me?
Frank's answer
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Answered on January 28, 2019
IP infringement is a personal tort action. This means the people get sued for it usually along with a business entity if relevant. So having an...
Archived
How best to address copyright infringement of my artwork by a major publisher?
Frank's answer
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Answered on January 28, 2019
If this is a serious concern, you should of course consult someone in private to discuss all your options.
You will not be able to ask a court...
Archived
Can I sue a music producer that used my albums and made it big?
Frank's answer
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Answered on January 28, 2019
You are alleging copyright infringement. This requires a proper analysis of all the facts and circumstances. There is no way for anyone to know...
Archived
Trademark and potential confusion or lawsuits
Frank's answer
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Answered on January 25, 2019
That's a possible conflict. A product name is also serving as a trademark and certainly could cause market confusion.
In general, you can buy a...
Archived
Can my own LLC partnership, infringe on a copyright I own personally/solely outside of the partnership?
Frank's answer
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Answered on January 25, 2019
This is not a straightforward matter. The content will usually be considered contributed to the LLC. Were there any written agreements like an...
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