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I got a cease and desist letter from a IP Lawyer representing a company that has the same name as mine. I've used and published
Bernard's answer
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Answered on October 29, 2009
Your question suggests that you have what appear to be "common law" rights in your business name, specifically, common law trademark rights if the...
Archived
We have a product we would like to sell that we've developed and want to know if we're infringing on trade secrets.
Bernard's answer
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Answered on October 28, 2009
I agree with Pamela and Daniel that you need to consult an IP attorney before taking further action, and it would be wise for now to not discuss...
Archived
I make a walking jacket for the disabled. A clinic now wants one, should I get a patent?
Bernard's answer
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Answered on October 28, 2009
You may have "dedicated" your idea to the public after the first year of commercial use, assuming there was such use. However, depending on your...
We want to use video game character's images on our trailer wrap for our mobile gaming biz. Do we need permission?
Bernard's answer
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Answered on October 27, 2009
Most likely. The video game character certainly falls under common law copyright law protection and may even be protected by trademark law, both...
Can it be Trademark Infringement because you use one word of a competitors name?
Bernard's answer
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Answered on October 27, 2009
Some additional facts are needed. What goods or services are involved? I'm assuming perhaps that the "Block" is H & R Block and that you're...
Archived
If a newspapaper was responsible for copyright infringement and I have the documented proof but then they corrected
Bernard's answer
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Answered on October 27, 2009
As an initial matter, criticism, comment and news reporting generally are not infringements of copyright. See...
Archived
The Title I teacher in our public school system utilizes the "Wild Things" book extensively in his student teaching to encourage
Bernard's answer
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Answered on October 26, 2009
In general, U.S. Copyright law permits non-commercial uses of copyrighted works under a concept known as "Fair Use." See...
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