How can YouTube channels be using trademarked words in their channel names such as “Disney” or “NASCAR?”
Alan's answer
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Answered on October 23, 2015
They may be licensed by NASCAR and DISNEY, or these companies control the channels as part of their marketing efforts. Not fair use. For further...
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Can a Halloween Costume be copyrighted?
Alan's answer
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Answered on October 23, 2015
While clothing cannot be copyrighted, fabric patterns can be. Accordingly, if she owns a copyright to the fabric pattern, she may have a claim for...
Archived
If I give credit, can I use the trademarked logo of a casino game in a mobile game application that I have created?
Alan's answer
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Answered on October 23, 2015
Absolutely Not! In order to avoid potential liability, you would need to obtain a license, just like the Casinos have, for use of the mark. You...
Archived
I intend to start selling vintage hats with vintage autosport patches, both authentic and reproduction. Is this a legal move?
Alan's answer
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Answered on October 23, 2015
You can clearly sell the authentic patches. You can sell hats. However, it would be copyright and perhaps trademark infringement to sell...
Word inversion trademark conflict - please help!
Alan's answer
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Answered on October 23, 2015
It is possible to respond to the Office Action, depending on the exact marks and whether there is indeed no likelihood of confusion. There is also...
Archived
Patent law: My invention idea is learning to play the piano using the internet. Can I legally use a product that now exist?
Alan's answer
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Answered on October 23, 2015
The answer is yes, you can advise a student to purchase an existing product without fear of infringement. Whether your invention is patentable is...
Archived
Jurisdiction in Intellectual Property Case-Lawsuit of Copyright infringement
Alan's answer
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Answered on October 23, 2015
The answer is a definite maybe. The choice of proper personal jurisdiction and venue is something that your copyright litigation attorney needs to...
Archived
Trademark litigation and cancellation: : is there a higher standard of proof at the TRADEMARK TRAIL AND APPEAL BOARD for generic
Alan's answer
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Answered on October 23, 2015
The standards in the TTAB and the US District Court are substantially the same for cancellation of a registration for genericness. A professional...
Archived
Will copyright office delete erroneous data in a registration?
Alan's answer
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Answered on October 23, 2015
It will make the correction if you file an application for supplemental registration. However, it will not remove the information in the original....
Archived
At what point does a vague reference to a sports team become infringing on their trademark?
Alan's answer
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Answered on October 23, 2015
My advice to you is stay away from any symbol that the team or league owner will believe would create a likelihood of confusion with their brand. ...