Can a company claim copywrite the shape of a piece of ceramic? If yes, can they claim those protections even if not registered.
William's answer
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Answered on February 10, 2017
Either the coffee cup or water bottle could potentially be protected through copyright, design patent, or trade dress. However, in the absence of...
Archived
Can a photographer file suit against me for an image that I obtained from a free wallpaper website?
William's answer
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Answered on February 09, 2017
The author of the photograph - usually the photographer - owns the copyright to the photograph. However, other issues must be addressed in order...
Can I put sport decals on my handmade woodworking items and sell them?
William's answer
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Answered on February 09, 2017
As others have stated, use of someone else's trademark will end up costing you significantly more than you are likely to earn selling your clocks...
Archived
What do I need to do in order to start up a business off of a idea?
William's answer
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Answered on February 09, 2017
You have numerous considerations.
You will need a business attorney to check the gambling laws of all states in which you intend to operate, to...
Archived
Can I use a graphic found with an Internet search to advertise my house concert venue?
William's answer
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Answered on February 07, 2017
I would not use it.
Even if there is no copyright notice, that does not mean it is not subject to copyright protection. Copyright notices are...
Archived
Is a patent being infringed upon if only some of its claims are used in a different product?
William's answer
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Answered on January 28, 2017
A patent is infringed if each and every element recited in any one claim is infringed, either literally or under the Doctrine of Equivalents. A...
Archived
Trademark Infringement
William's answer
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Answered on January 28, 2017
It depends. If the product design has features that have become recognized as indicating that the product originates from a specific source, and...
US copyright protected in other countries?
William's answer
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Answered on January 27, 2017
There are multiple treaties, including but not limited to the Berne Convention. Under the Berne Convention, your copyright is already recognized...
How close can a business name be to another that is already trademarked?
William's answer
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Answered on January 26, 2017
If they have a federal registration, then they have the presumption of the right to use the mark throughout the entire country. If the names are...
Can I legally produce an audio CD of cover songs under "Fair Use" of copyright law?
William's answer
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Answered on January 26, 2017
As others have indicated, this would not be fair use. If the songs were previously distributed by some form of "phonorecord," then they would be...