Can the trademark which was filed under the Intent To Use section 1 (b) be used to request protection under the Madrid System
Alan's answer
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Answered on September 28, 2015
Tom, Great question! Yes a person can. However, before filing I always recommend a full trademark clearance search in the US and in the countries...
Madrid Protocol filing on an intent-to-use based application
Alan's answer
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Answered on September 28, 2015
Yes a person can. However, before filing I always recommend a full trademark clearance search in the US and in the countries that you plan to apply...
Archived
How and where can I find an agent that represents photographers for 0-1B?
Alan's answer
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Answered on September 28, 2015
I suggest that you look up agents on the SAG/AFTRA website. You can also look on the web. If you have an entertainment issue, then you should...
Archived
What can be the possible defense for the company recording TV broadcasts and sell in Amazon in region free discs?
Alan's answer
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Answered on September 28, 2015
Only defenses that could be asserted are Fair Use, which is highly unlikely to succeed; and the First Sale doctrine, which requires that the...
Archived
I'm starting an online music distribution company - I know a corporate lawyer but is it mandatory to speak with a music lawyer?
Alan's answer
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Answered on September 28, 2015
Excellent question! In my opinion, the first thing that you need to do is contact an IP/Entertainment attorney. The IP portion is very important,...
Archived
Can I sue Buzzfeed?
Alan's answer
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Answered on September 25, 2015
You can sue only if they posted false or disparaging information about you.
Archived
I have a picture on my Foundation website (501c3 charitable public foundation) of my son wearing a Carolina Panthers shirt.
Alan's answer
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Answered on September 25, 2015
Unless the website implies an association with the panthers you are probably OK. Just incidental display of a logo. Should you have a legitimate...
A Cease & Desist Letter in Texas for my trademark?
Alan's answer
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Answered on September 25, 2015
You are not restricted to a Texas attorney in sending a Cease and Desist letter for trademark infringement. The Lanham (Trademark) Act is national...
Archived
How can I protect myself against theft of work / intellectual property / upfront effort?
Alan's answer
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Answered on September 25, 2015
To protect yourself you need a development agreement specifying ownership in the IP that you created will remain your property. You also should...
Archived
Who bears responsibility if a baby garment is not labeled with textile info. The manufacturer or seller?
Alan's answer
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Answered on September 25, 2015
I am pretty certain anyone who manufactured and sold the product may be liable for a product liability claim. However, this question should not be...