Archived
Can I create a fashion line featuring images I took of a band/celebrity? I took images of the people during their concerts.
Frank's answer
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Answered on March 05, 2018
Using the name, image or likeness of someone, especially a famous person, to help sell or promote a good or service is very likely going to be...
Archived
Is It Worth Registering Domain Name as a Trademark?
Frank's answer
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Answered on March 05, 2018
Whether your domain is also serving as a trademark depends. If you are using it in good faith and before anyone has claimed trademark rights, then...
Archived
Can they file a suit for trademark infringement?
Frank's answer
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Answered on March 05, 2018
If you were in commerce first in your own geographic market area, then presumably you have already garnered common law rights to your trademark....
Do I need to hire a Trademark attorney in my state to assist me with filing a TM application and search with the USPTO?
Frank's answer
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Answered on March 05, 2018
You are free to hire a lawyer located anywhere. You could hire someone in India if you wanted to, not that I recommend that, but that is your call....
Selected as the best answer
If someone sends an email containing a binding contract can the recipients response to that email suffice as a signature?
Frank's answer
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Answered on March 05, 2018
This is just silly. No, that is not a binding agreement. Yes, email can certainly be used to demonstrate assent, but whoever is trying to enforce...
Archived
Is it alright to use someone well known or a famous line in a billboard?
Frank's answer
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Answered on March 05, 2018
Using the name, image or likeness of someone, especially a famous person, to help sell or promote a good or service is very likely going to be...
I want to open a brewery with my last name as the name but there is a similar brewery name on the other side of the country ?
Frank's answer
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Answered on March 02, 2018
On its face, this sounds like it could be an issue if the other entity has a trademark registration. Even if they do not, the could likely show...
Archived
This one is for my fellow trademark practitioners: How valuable is requesting oral argument in an ex parte appeal?
Frank's answer
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Answered on March 02, 2018
Ex parte, I see no value in that. As noted, what could possibly be needed to explain / argue in person in such a case to a board that hears only TM...
Can i use this design or is it copyright infringement? if so, can i change anything on it to make it work?
Frank's answer
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Answered on March 01, 2018
Before you jump in and make any investment, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. This...
Archived
Can the name Dr Suess be written on a cake?
Frank's answer
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Answered on March 01, 2018
It's more of a trademark issue if you are just using the name. As a provider, you need to be careful because you are the one that the rights holder...
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