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I do not have the funds to hire an attorney for a patent search. Is there anyway that I can find out if my idea is patented?
William's answer
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Answered on January 21, 2015
There is very little I can add to the good answers already provided. I have found the best place to search is the USPTO website. You need to...
Archived
Is copyright for a design enough to keep a company I talk to about it from legally putting it on a T-shirt w/o me? I a need TM?
William's answer
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Answered on January 21, 2015
The copyright will prevent the companies from making the same or substantially similar designs, but the scope of protection is narrow. They might...
Archived
Can I use the last name of a football player in a slogan? For example, Romo is awesome! Or is his name protected?
William's answer
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Answered on January 20, 2015
The issue here could potentially be trademark, but is more likely to be right of publicity. Right of publicity is generally covered by state law...
Archived
What are copyright laws for creating an app?
William's answer
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Answered on January 20, 2015
Your issue involves not only copyright but trademark.
On the trademark issue, it is not trademark infringement to truthfully use a business name...
Today I received a notice in the mail from amazon stating that they are being sued for patent infringement on a product I sold.
William's answer
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Answered on January 20, 2015
Depending on the terms of your agreement with Amazon allowing you to sell through them, yes, you can be required to indemnify Amazon. I have not...
Can a copyright owner sue for infringement after the infringing content is removed?
William's answer
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Answered on January 20, 2015
The infringement occurred as soon as the video was uploaded. So, potential liability for infringement remains even after the video is taken down. ...
Archived
Trademarking name/image from a movie character. Is class 041 or 009 better for future commercial branding for goods/services?
William's answer
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Answered on January 20, 2015
Class 41 is for entertainment services, so this would cover the movie itself. Clothing is class 25. Mugs would be in class 21.
Keep in mind...
Are licensees liable for licensor trademark infringement?
William's answer
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Answered on January 20, 2015
Yes, company A could be held liable for trademark infringement. The franchise agreement affects company A's rights with respect to company B, the...
Archived
How important is it to put every screw slot on a provisional patent application?
William's answer
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Answered on January 19, 2015
As a general rule, you want to include as much detail as possible, including every possible variation. While the difference between, for example,...
Would a patent attorney encourage a client to file a patent application for an invention that may NOT be patentable?
William's answer
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Answered on January 19, 2015
An attorney is certainly supposed to put his own interests aside and advise his client according to the client's best interests. Unfortunately...