Archived
If a brand decide to post a question on facebook regarding a popular show eg, american idol, does that infringe any copywrit law
Bernard's answer
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Answered on March 11, 2010
Your question is unclear. "Brand" is a marketing term used to describe a word, symbol or the like to identify a product or service. If you mean...
Archived
How can I find patent application information on items from the 1920's which only display Pat. Applied For or Pat. Pending?
Bernard's answer
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Answered on March 05, 2010
In the event that a patent ultimately issued on the item in question, you could try searching for it by description or by a company name here:...
Archived
My friend and I applied for and received a patent in 2000. We let it lapse in 2008 by mistake.
Bernard's answer
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Answered on March 04, 2010
An additional consideration are the costs of unintentional versus unavoidable. The U.S. Patent and Trademark office fee schedule indicates that a...
How do I take over an expired trademark?
Bernard's answer
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Answered on March 01, 2010
In addition to the foregoing, it's best to think of a trademark (for goods) or a servicemark (for services) relative to the mark's underlying goods...
Archived
My potential business partner and I ask, if we sell replicas what licence & permits would we need to open in Ft. Lauderdale, FL?
Bernard's answer
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Answered on February 12, 2010
Your entrepenurial spirit is admirable. Small business is our economy's engine.
Aside from incorporation questions (choosing an LLC, S-Corp,...
Can I trademark my name as an artist if other artists or bands are using the name???
Bernard's answer
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Answered on February 02, 2010
A band's name can be a trademark or service mark if it is used to sell goods or services (e.g., records and performances under the mark). If...
Archived
My startup company is being accused of trademark infringement
Bernard's answer
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Answered on January 29, 2010
In addition to the previous comments, you state that "the first two words are generic in nature," but that is a legal determination. A good...
Archived
My startup company is being accused of trademark infringement
Bernard's answer
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Answered on January 29, 2010
In addition to the previous comments, you state that "the first two words are generic in nature," but that is a legal determination. A good...
What can I do to have my former employer remove my pictures and name from their company website?
Bernard's answer
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Answered on January 25, 2010
It depends on whether you knew the photos/images were being taken and also whether you gave the company permission to use the pictures/images for...
Archived
I would like to sell designer replicas sport/sunglasses. If I state that they are not the real deal, is this legal?
Bernard's answer
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Answered on January 22, 2010
A disclaimer won't cure the problem if the "replicas" are in fact counterfeit goods.
The "designer" probably has "trade dress" rights in the...
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