Archived
How can I get WIPO to reconsider its notification? Specifically, who do I write to? Is there a standard form, or is a letter OK?
Alan's answer
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Answered on March 29, 2016
You need to retain an experienced patent attorney who is familiar with PCT prosecution. Your main concern should not be getting WIPO to...
Archived
If US works registered before 1922 are or should be in the public domain, so why this iconic song not there yet?
Alan's answer
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Answered on March 29, 2016
Yes it is. However, newer versions of the song may not be in the public domain. If you use the song, make sure you use the original public domain...
Archived
How can I handle a situation where someone's selling our digital product?
Alan's answer
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Answered on March 29, 2016
Retain an experienced Copyright/IP attorney to send Fiverr a takedown notice under the DMCA and potentially pursue the infringing party.
For a...
Archived
Are they justified in trademarking the name it self even if its not "stylized" or accompany the actual trademarked logo?
Alan's answer
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Answered on March 29, 2016
They may very much be justified. What you are asking requires a specific analysis of the registrations at issue by an experienced trademark...
Archived
How do I limit TESS search results to marks registered, not pending, with the word "Real" in it
Alan's answer
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Answered on March 29, 2016
You are going to get too many hits. Consider instead having a full trademark search done professionally and obtaining an opinion of an experienced...
Archived
How do I start a video game company?
Alan's answer
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Answered on March 28, 2016
Excellent questions. I will try to answer them based on the limited information provided, as follows:
1. If both companies are in the same or...
Can I sell my handmade creations that are modeled and inspired by sports teams, (NFL, NHL, MLB, etc)?
Alan's answer
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Answered on March 28, 2016
Using team logos or team trade dress without a licensed can be actionable. If you wish to continue with the selling your crafts, you need a...
Is it okay to use photos of old cars and trucks in my book I will be selling?
Alan's answer
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Answered on March 28, 2016
I agree with my colleague, Attorney Ballard's answer. You can leave the logos and names of the vehicals in your book. However, I suggest that you...
Archived
If i did not own the picture why wouldn't they take it down? Do i somehow own it through my husband? Does it violate DMCA?
Alan's answer
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Answered on March 28, 2016
The owner of the copyright in the picture is the photograper or artist. That person or their agent must send a DMCA takedown notice with a copy of...
Archived
Can I copyright my original music that had already been copyrighted by me back in the 1990's?
Alan's answer
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Answered on March 28, 2016
Good question! I suggest that you hire an experienced Copyright Attoreny to find and retrieve copies of your copyright registations. It is not...