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My question is what legal action would he be able to take for creating their brand with my clients trademarked name?
Alan's answer
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Answered on January 05, 2016
If your client has not used or promoted the mark since 2012 you may have some serious infringement issues should promotion and sales start up...
Archived
If i wanted to put a pretty well known quote like "Tragedy turned Triumph" for example, on a t shirt to sell, is that legal?
Alan's answer
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Answered on January 04, 2016
Usually such quotes are protected as a Registered Trademark, as a slogan. They might also be protected by copyright registration, but that is less...
Archived
I want to get a pattern on a bag patented
Alan's answer
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Answered on January 04, 2016
No, a surface pattern is usually the subject for copyright registration. Your patent attorney can conduct research to see if anyone has protected...
Archived
If I get a "special form" trademark that has a slogan and a design, if I use them separately are they each protected?
Alan's answer
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Answered on January 04, 2016
They are to an extent. You will have much stronger protection if you protect them separately, as well.
For further information, I suggest that...
Is magazine advertising, or the creation of ads (print ads, videos, etc.) taxable in texas?
Alan's answer
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Answered on January 04, 2016
Not an iP question, speak with a local Tax or commercial transactions attorney.
Should you have an IP inquiry, I suggest that you contact an...
Archived
Obscure DMCA Question
Alan's answer
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Answered on January 04, 2016
You have gotten some good advice, however, this question and your infringement negotiations with the "troll" should be between your attorney and...
Archived
Is awarding attorney's fees an automatic default in copyright infringement?
Alan's answer
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Answered on January 04, 2016
No, it is up to the Judge. See the Copyright Remedies Statute, that I linked.
For additional information,
For further information,I suggest that...
Archived
IS IT LEGAL TO MARKET MY PRODUCT BY USING OTHER PRODUCTS TO DO IT AS A DISPLAY AT A TRADE SHOW ?
Alan's answer
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Answered on January 04, 2016
Yes you can. However, you have to be carful to make sure the public is not confused that you are the source or somehow sponsored or affiliated...
Archived
Are refused trademark applications listed in the USPTO database indefinitely?
Alan's answer
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Answered on January 04, 2016
Yes, they are categorized as Dead.
I suggest that you contact an experienced Trademark/IP attorney who can clear your mark and advise you in...
Archived
Can I sue for trademark infringement if a company adopts my business name but in a different industry?
Alan's answer
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Answered on January 04, 2016
You can, as long as you have established prior rights, and the use by the other party is likely to cause confusion in the marketplace as to the...