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Mario Sergio Golab

Mario Golab’s Answers

1,172 total


  • My grandmother allowed me to use her credit card I made unauthorized transactions, she decided not to press charges then 6 month

    Later decided she wants to press charges, can she do this

    Mario’s Answer

    yes, she can, Why would you do that? Why did she change her mind?

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  • Would this be copyright infringement?

    If someone made a hookah out of an alcohol bottle, for example an empty Grey Goose bottle, and left the label on it and sold it, would that be illegal? Something like this: http://www.ebay.com/itm/Liquor-Bottle-Hookahs-Ciroc-Hennesy-Grey-Goose-an...

    Mario’s Answer

    Actually, technically it would be trademark infringement.
    However since grey goose does not produce hookahs, then no harm would be done. Additionally, since it is not acommercial venture, there would be a de minimis issue.
    Enjoy your hookah and happy new year.

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  • Can I change the company name on my trademark application in my response to the examiner?

    I submitted a trademark application to the USPTO. I received a response that my company's name is descriptive. My company has four words in its title. In my response to the examiner, I want to remove the last two works and keep only the first two ...

    Mario’s Answer

    No, you need to submit a new application

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  • Can a competitor be sued for starting a business with a very similar name as mine?

    A very similar example would be San Francisco fitness gym is my business. A recent employee of mine, who was terminated, started a new company by the name of SF Bay fitness gym. Can I sue him or demand he changes his name?

    Mario’s Answer

    You can sue anybody, the question is whether you can win. Beside state law that does not recognize non-compete, the TM even if registered is simply too descriptive of the business so barring exceptional circumstances your chances are slim at best. Everything is fact specific, so just pay for a consultation with an IP attorney and review the facts, it will save you money and aggravation.

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  • .com and trademark origin

    Hi, I have European trademark issued for our company name and I own .com with the same name. Do I an need to have an U.S. trademark to protect .com domain or is EU trademark enough? With what trademark / trademark office do I protect .com domain (...

    Mario’s Answer

    In principle a trademark and a domain are separate areas, also separate countries have separate laws and your rights in the EU are only valid in the EU.
    As to whether you need a US trademark registration, that depends on many factors and you should have a consultation with an Trademark attorney to determine whether you need to register or not in the USA.
    As to court rulings, they will be meaningless to you unless you are an attorney.

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  • "Is the PostSecret idea trademarked?"

    I would like to have people anonymously send me secrets written in letter form. I will design pages of a journal/dairy using the secrets they've submitted. The journal will then be sold as "Tell Me A Secret." Is this infringing Frank Warren's Post...

    Mario’s Answer

    An idea has not protections whatsoever.
    A trademark is just a commercial identity. The name a product or service is known to the clients.
    If somebody tells a secret, it is not a secret anymore.
    If you receive a secret and there is an contractual intention to keep that secret, your posting it will create you problems, and not only financial ones.
    You seem to have an idea which you should discuss confidentially with an Intellectual Property attorney to determine what is protectable, what legal vehicle will not land you in trouble, and also to help you with the understanding to the terminology. Best of luck

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  • Does the WA State Constitution apply to businesses?

    Can a business require you to leave a bag, backpack, or purse in an unsecured location in the front of the store? Even if they do so without accepting liability for the item/s inside and they do not secure their parking lot? I'm asking because...

    Mario’s Answer

    THIS IS NOT A TRADEMARK QUESTION. I DID CHANGE THE AREA SO THE PROPER ATTORNEY MAY HELP YOU.

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  • Doesnt the proof of prior creation/use of logo. design qualify for a proof of ownership without trademark filed?

    Hello, as a start-up artist. the cost of trademark seems overwhelming. For songs, allegedly a proof of prior creation qualifies for copyright ownership I heard, isn't it the same for logo, band name or merch design? how oft...

    Mario’s Answer

    You are confusing terms and rights. Trademarks require use, not registration, but lack of registration limits the area of enforcement. Trademarks are the commercial identity of an enterprise, any enterprise. It has nothing to do with artistic creation.
    Copyright is establish at the moment of affixing it upon a permanent medium of expression, but if you wish to enforce your creative rights you must register the copyright prior to enforcing it.
    Neither trademarks nor copyrights are expensive rights, including attorney fees, because they protect valuable rights. Would you by a house without title? No, I guessed so. The title registration is what gives the house its value, same with trademarks, copyrights, patents.

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  • Am I infringing by making merch with letters of a college along with their Colors? (FSU / Garnet and Gold)?

    I am wanting to make college-themed products, but need to find a way to get the point across without infringing on trademark, etc. Am I infringing if I abbreviate the college name and still use their colors? i.e. Florida Stat...

    Mario’s Answer

    The short answer is Yes.
    Using any abbreviation in conjunction with the college's colors will be tantamount to deception, thus it will be consider an infringement.
    Using the abbreviation by itself, without any reference to font, color, disposition of text, or anything that could be associated with the college is not TM infringement per se.

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  • What is the best way to express many alternatives in the claims of a mechanical invention?

    The question is related to a utility patent application for a mechanical device. There are many ways to build the device and I don't have clear how to express that. For example, part A of the invention has 3 alternatives, part B has 4, and part C ...

    Mario’s Answer

    The long and short answer is contact a Patent Attorney. No shortcuts.

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