Archived
Is it possible to trademark the title of my novel with the USPTO as a stand-alone piece of fiction not in a series.
Ian's answer
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Answered on January 21, 2016
You may be interested to know why titles of a single work are not protected as trademarks. Courts have found that the title of a work...
Archived
If I take a picture, and it contains a company image can I use it as the cover for an e-book?
Ian's answer
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Answered on January 27, 2011
Trademark law protects against consumer confusion. In this case if Nike thinks the proposed use could lead someone to believe Nike is affiliated...
Archived
Domain name and trademark
Ian's answer
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Answered on January 25, 2011
No your trademark is not automatically abandoned. You could still use the trademark without using the domain name. If the buyer is using the...
Archived
I am making a short film to be entered into film festivals. Can I film a character playing a video game?
Ian's answer
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Answered on January 09, 2011
Whether a use is commercial does not determine whether a copyright infringement occurs. The commercial nature of a use may impact the amount of...
Archived
Pertaining to US Trademarks
Ian's answer
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Answered on January 09, 2011
Trademark rights arise from using a trademark not just from registering the mark - so if you are able to get a trademark registration that alone...
Archived
On a trademark application, am I supposed to declare when the first use in commerce is?
Ian's answer
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Answered on January 08, 2011
You don't add this to the trademark certificate, but make sure you keep good records of your first and continuing use of the mark. If you ever get...
Archived
Federal Offense?
Ian's answer
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Answered on January 08, 2011
The basic concept of a video that makes fun of certain types of people is protected free speech - but you could violate laws depending on how you...
Can I post action photos that I have taken at a Major League Baseball game on my website or blog? Does this violate any laws?
Ian's answer
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Answered on January 08, 2011
MLB players get paid A LOT of money to consent to using their photos in connection with various products and services, and the companies that pay...
Archived
Should I trademark my company name if someone else started using it online?
Ian's answer
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Answered on November 29, 2010
Each state has its own traedmark laws so you should check with a Massachusetts attorney. Generally you do not have to get a trademark registration...
Archived
Can a website be sued for false information ?
Ian's answer
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Answered on November 26, 2010
Yes the company or person who runs the website could be sued if the information causes harm or somehow damages another person or business. Some...
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