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A competitor made a similar product to one my small business made 2 years ago. They're filing a patent on it. What can we do?
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Answered on August 26, 2013
If you decide to try and derail their patent application, you may submit proof to the Patent Examiner about your product. There are strict...
Archived
Is it OK if I used a badge similar to the Superman S on a t shirt with a T on the inside and not red or yellow?
James's answer
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Answered on August 25, 2013
The more similar, the higher the risk. The more shirts you make and sell, the more attention you will attract. You should consult with a trademark...
What's the legal way to sell replica/knockoff furniture and make sure not to be sued for trademark and copyright infringement?
James's answer
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Answered on August 24, 2013
The only legal way is to get permission first, directly from those who hold the rights. Unless you get express written permission, don't sell...
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I created a line of headphones and I am confused whether I need to copyright, trademark or patent my designs?
James's answer
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Answered on August 24, 2013
Good question - and good news; you could have all 3! A design patent would cover the exterior design (the ornamental features, not the...
Will the following e-mail from Nintendo count as permission to use Pokemon Game music for the website Flash Flash Revolution?
James's answer
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Answered on August 23, 2013
1. You need in-depth attorney advice on this. 2. If your website is making money from any source (ads, subscribers, sales of other items, etc.)...
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We are starting a running company and want to make sure our name won't infringe on any Trademark names that already exist. .
James's answer
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Answered on August 22, 2013
1. You need a new name; one that is truly unique and distinctive. Rule of thumb: Choose a name that is so unique, the dot-com is still available. ...
Archived
Am I infringing on a trademark?
James's answer
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Answered on August 21, 2013
1. In general, the first business to use the mark in actual commerce gets priority. 2. When there are online sales and advertising, being located...
Archived
Can I trademark the same name if the goods are different?
James's answer
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Answered on August 20, 2013
For close questions, you need to hire an experienced trademark attorney. In general: the more popular the registered mark, the more likely it is...
Archived
I have an idea that pertains to the auto industry should I contact a CEO of an auto company
James's answer
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Answered on August 19, 2013
Keep it a secret from everyone. Hire a patent attorney to help evaluate the idea and file a patent application. You need the idea protected by a...
Do I need to get permission to include a quote from John Lennon in a book (not lyrics to one of his songs, just a quote)?
James's answer
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Answered on August 18, 2013
Yes, get permission. Start by contacting the publisher of the book or article where you found the quote. The publisher or editor of your book can...
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