Archived
It is difficult to copyright a fashion accessories design which no one else has yet claimed a copyright on?
Alan's answer
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Answered on June 22, 2016
I suggest that you take your competitor's threats very seriously and retain an experienced copyright attorney to respond to any letter or notice...
Archived
When intellectual property is disclosed between parties but owned only by one, does that alone protect "theft" of such property?
Alan's answer
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Answered on June 22, 2016
No, what you are describing is not an NDA and would be a big mistake. You need to have an NDA drafted by and experienced Patent attorney and...
Can I register a trademark held by a now defunct startup? Both companies made apps, but the apps serve very different purposes.
Alan's answer
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Answered on June 22, 2016
You have a very good chance of being sued by Sony. I suggest that you rethink your plans and retain an experienced Trademark Attorney to advise...
Archived
How do I protect my website from copy-cats?
Alan's answer
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Answered on June 22, 2016
You can probably protect the brand and logo that you use on the website by clearing and registering it as a Trademark for your goods or services. ...
Archived
I am an artist. Is it possible to apply for a patent for an art "process" that creates a particular piece of art?
Alan's answer
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Answered on June 22, 2016
If your process is new, useful and unobvious then it is eligible for patent protection. I suggest that you retain an experienced Registered Patent...
Archived
What legal if any justification would a company have for having my hypothetical fair use video pulled?
Alan's answer
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Answered on June 22, 2016
Legal justification is Copyright Infringement Unfair Competition and that the fair use defense does not apply. In addition, violation of YT's...
Archived
If I run a free internet radio station, am I liable for publishing & performance royalties?
Alan's answer
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Answered on June 22, 2016
As advised by my colleagues, you need to pay royalties to Sound Exchange, and royalties may be also due to ASCAP, BMI or SESAC depending on your...
Archived
If a small business doest have their logo or name registered or trademarked, can someone obtain or buy the rights for the name?
Alan's answer
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Answered on June 22, 2016
Yes, the trademark rights in a name are based on use and can be transferred with the goodwill of the business. I suggest that you retain an...
Archived
If a small business isn't registered, trademarked, or copyrighted, anyone can register the business name or logo?
Alan's answer
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Answered on June 22, 2016
No, trademark rights are based on use. Accordingly, if a later user attempts to register a mark that has been used for the same or similar goods...
Archived
How can I use song lyrics in specific writings?
Alan's answer
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Answered on June 21, 2016
Usually short phrasesare protected as trademarks, not by copyright. I suggest that you retain an experienced Trademark/IP attorney to search the...