Archived
What happens when the punctuation in your registration is inconsistent with your first use and existing?
Bryan's answer
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Answered on April 28, 2015
If the punctuation is not a prominent feature of the mark, then it should not be a problem. You might try to amend the registration to what you...
Archived
Do i need to trademark all variations of the name?
Bryan's answer
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Answered on April 28, 2015
A trademark registration puts the world on notice of your claim to dominion over the mark. If a competitor uses a mark that is confusingly similar...
Archived
If I post a photograph on Facebook, can I still claim non-published if I send in the photograph to Washington within three month
Bryan's answer
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Answered on April 28, 2015
In order to claim statutory damages and attorney's fees, you need to file your copyright registration within three months of publication (and...
Can I use a nike logo to put it in my store wall
Bryan's answer
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Answered on April 28, 2015
Nike has specific guidelines as to how their trademarks can be used by resellers of their products. Contact them and ask them for such guidelines...
Archived
I am writing a novel the main character sings 1 line from a popular song. Does this need permission or is covered by Fair Use?
Bryan's answer
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Answered on April 28, 2015
Using a single phrase from a song in a novel would not infringe the songwriter's copyright. Nonetheless, if your novel gets published, your...
Archived
Old copyright infringement question
Bryan's answer
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Answered on April 28, 2015
You say that your name is on the copyrights, which implies that the copyrights were registered with the US copyright office. If this is true,...
Archived
My art designs, characters, slogan etc are being used by a growing restaurant chain and removed my copyrights and using my work?
Bryan's answer
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Answered on April 28, 2015
There are a lot of issues to be considered;for example, did you have an agreement with them that would allow them to use the artwork? Have they...
Archived
Who owns the website copyrights now that my home biz partnership is dissolved? He still uses the same biz name by himself.
Bryan's answer
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Answered on April 27, 2015
Unless you were a regular employee of the business or unless you assigned your copyrights to you ex, you own the copyrights in your work. See a...
Archived
Do I need a copyright symbol? Is there a way around it (with a TM)
Bryan's answer
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Answered on April 27, 2015
What you propose would infringe the trademark of the teams. Adding a symbol would not relieve you of liability. See my guide "Using a sports...
Archived
As a merchandise designer, I'm trying to better understand parody, homage, etc as it relates to licensed IP.
Bryan's answer
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Answered on April 27, 2015
First, the major designers could be doing this under license. They tend to be very sensitive about intellectual property issues, as the live off...
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