Archived
If I created a logo for someone using their ideas am I considered work-for-hire or freelance/own copy rights?
Bernard's answer
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Answered on July 09, 2014
See 17 USC 101 for the definition of "Work-for-Hire". Although state laws may vary, generally a written agreement is needed to trigger the...
Archived
I need an attorney to help me sue Facebook for unpublishing my Fan pages which marketed my company brand names.
Bernard's answer
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Answered on July 09, 2014
Litigation is expensive and time consuming and those increase exponentially the larger the company on the other side of the suit.
Have you...
Archived
Can a church use pictures of events that include parishioners' faces in materials used only on their own website?
Bernard's answer
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Answered on July 07, 2014
You're touching on a concept called Right of Privacy. The purpose and non-profit aspects of the pictures may be more or less material under state...
Archived
Artwork and using parts of an image
Bernard's answer
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Answered on July 05, 2014
First of all, check Google's terms for prohibitions. Aside from that basic preventative care step, you are touching on a concept called Scènes à...
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Archived
How do I defend a trademark violation?
Bernard's answer
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Answered on June 30, 2014
Details matter. Does your use predates the CA company's? Are your goods/services the same or substantially similar to the CA company's? Do your...
Archived
Film characters discussing cigarette brands, is that prohibited?
Bernard's answer
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Answered on June 28, 2014
It depends on the ultimate purpose of referencing the brand names and the context. Details matter. If the references (verbal and visually) are...
Archived
Will I be violating trademark laws if I do clay art of popular brand products on YouTube?
Bernard's answer
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Answered on June 28, 2014
If by monetized videos, you are using others' marks to attract business, or you are using the marks in a trademark sense that might lead the public...
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Archived
Patent question:
I have searched every conceivable internet resource to purchase an item that I cant find anywhere for sell.
Bernard's answer
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Answered on June 18, 2014
Your layman's search for prior art is a good first start, but if your invention is worth the effort and expense of a patent, it's worth hiring a...
Archived
Should I fight this trademark opposition?
Bernard's answer
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Answered on June 18, 2014
The answer depends on whether the merits are in your favor. That requires analyses of the kind of mark (word or stylized), the classes of...
Archived
PCT - Software development - no inventive claim - description does not meet requirements.
Bernard's answer
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Answered on June 17, 2014
As my colleagues have noted to varying degrees, a patent application and the process are tough. The PCT is even more complicated because you're...
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