Archived
If I create a trivia app about tourist attractions (ie- how many coasters are at Sea World?,” Would I need Sea World approval?
Frank's answer
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Answered on August 20, 2018
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 Loli porn illegal if it's anime and not real children?
Frank's answer
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Answered on August 20, 2018
The only laws I am aware of regards to this consider the sexual depiction of actual minor children. I know of no laws that make animated renderings...
Archived
If I do all original illustration artwork for a popular nursery rhyme could i market it as an ebook for personal financial gain?
Frank's answer
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Answered on August 20, 2018
If the underlying work (the nursery Rhyme) is in the public domain meaning no longer protected under copyright then you need not worry about...
Can I get copyrighted for using a 2 second clip from a local arizona fox news station, in songs that I sell?
Frank's answer
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Answered on August 20, 2018
The context really matters, but as noted, you have serious copyright issues here that need to be considered.
Before you jump into anything,...
Does having a similar name with a different suffix and meaning count as trademark infringement for a two-word trademark ?
Frank's answer
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Answered on August 20, 2018
"Jumping Door" and "Door Jumper" are without a doubt confusingly similar if you are both operating within the same or related good or service. I...
I want to use the term 'Kool aid' in an original song
I am hoping to use a song currently called '?
Frank's answer
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Answered on August 20, 2018
You are free to use a trademark in the context of commentary or freedom of expression. You just can't use it in a way that creates market confusion...
Can I be sued for selling used books on Amazon if I did not know they were counterfeit?
Frank's answer
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Answered on August 20, 2018
If you are in fact being sued then you need to deal with ASAP. It matters not whether you knew about the infringement or not.
I suggest that...
Can I use Car Manufacturer Logos in the picture of a keychain I will be selling online?
Frank's answer
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Answered on August 20, 2018
No, this will clearly be a trademark infringement. You could, for example, reference BMW descriptively in text if it was a BMW part that you are...
Archived
Ian this company calming extracts violating the rights of humbled healing company ?
Frank's answer
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Answered on August 20, 2018
It's a very factually intensive analysis.
Before you take any action on your own, I suggest that you consult with a lawyer in private and...
Can I sew/make a shirt/garment for a customer if THEY provide the fabric. It is copyrighted & has "for personal use" on it.
Frank's answer
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Answered on August 20, 2018
You could get into trouble under a secondary liability theory for contributory infringement. We see this come up a lot with bakers for example who...
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