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I'd like to film a parody that requires visual use of a fast-food chain's logo. Is this trademark or copyright infringement?
Bryan's answer
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Answered on January 15, 2015
A use of a trademark in a parody can be considered fair use if the chain is the subject of the parody, if the use is limited and if the use has...
Archived
How much of a cartoon character can I reference in a derivative work before it is considered infringement?
Bryan's answer
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Answered on January 15, 2015
The test for copyright infringement is substantial similarity. The test for trademark infringement is likelihood of confusion. Even if you use a...
Archived
In a fictional book I am writing, can I have my main character sing a few lyrics to famous songs to herself throughout the book?
Bryan's answer
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Answered on January 14, 2015
It would probably be considered "fair use" if the use is limited and does not impact the value of the song. However, fair use analysis involves...
Archived
Using my Trademarked Business Name in their copy
Bryan's answer
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Answered on January 14, 2015
Your scenario indicates that she may be willfully infringing your trademark -- a very serious matter. At this stage it is important for you not to...
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Archived
How do I know if this is a trademark/IP violation?
Bryan's answer
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Answered on January 14, 2015
Trademark infringement occurs when one's use of a mark creates a substantial likelihood of confusion with another trademark. Several factors are...
Archived
Do employee pre-invention assignment agreements transfer to spun off separate companies?
Bryan's answer
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Answered on January 14, 2015
It all depends on whether Company A assigned or licenses its rights in this regard to Company B as part of the spin-off, or if somehow Company B is...
Archived
I'm looking to get trademark protection for my business name & I'd appreciate some advice
Bryan's answer
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Answered on January 14, 2015
While doing a TESS search is a good start, your search should also include state and common law databases. While it is good to search for...
Archived
If I buy a tie, and alter can I rebrand it with my own trademark and logo?
Bryan's answer
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Answered on January 13, 2015
Rebranding can be considered Reverse Palming Off, which gives rise to a substantial likelihood of confusion and is, thus, a form of trademark...
Archived
Minnesota cctv codes and laws in public bar - is it legal for a bar to show tape as entertainment
Bryan's answer
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Answered on January 13, 2015
The bar owns the copyright in the video. However, you should consult an attorney licensed in Minnesota who has a background in privacy issues and...
Archived
As an entertainer/musician, Can I trademark the way how I wear my clothes?
Bryan's answer
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Answered on January 13, 2015
A truly distinctive look can qualify for registration as trade dress. See, for example, US Registration No. 1,130,566 issued to the band KISS,...
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