Archived
1. Does software programs fall under the "works made for hire" doctrine if they are written by independent contractors?
Mario's answer
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Answered on July 20, 2012
Depends on the contract. If you are hired to write a specific software application and you would like to preserve authorship, or a non-exclusive...
Archived
....how to decide what is fair for both of us. The loan is in his name only for $260,000. I have a bad back and cannot work.
Mario's answer
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Answered on July 20, 2012
On;y 260,000? That is easy. You do not need paper, you need an attorney.
Not an IP question. Question makes no legal sense
Archived
Can you use a business name that's already in use in another country?
Mario's answer
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Answered on July 18, 2012
Laws are territorial, thus a product registered in the USA has no right in an unregistered country. That is not the same in the USA where common...
Archived
EXTENSION TO TRADEMARK APPLICATION POSSIBLE?
Mario's answer
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Answered on July 18, 2012
If you do not answer the application will become abandoned. I do not understand why you cannot answer the OA in view of the negotiations but that...
Archived
I created a "word" that I want trademarked. Once trademarked, is it easy to solicit to companies to sell the rights?
Mario's answer
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Answered on July 18, 2012
A word by itself is nothing and has no legal protection. Anybody can be a lexicographer. It is the identification of a product or service that...
Can i put the Abbey Road artwork in a poster I'm designing for a campus event at my school?
Mario's answer
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Answered on July 18, 2012
Most likely no, you cannot use the picture, or any portion of it, as it may still be under copyright. The music itself is definitely copyrighted...
Archived
Can you use the name of lakes/ponds/mountains/etc. for business and publication names?
Mario's answer
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Answered on July 18, 2012
Yes you can used a geographic name, but it will be a weak trademark to enforce as it is geographically descriptive and your TM attorney will have...
Archived
Copyright infringement advice for a music video.
Mario's answer
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Answered on July 18, 2012
my music video will that stand as a copyright infringement against me? >> Yes it is Copyright infringement
Will I get sued? >> Most likely, as you...
Is it "Fair Use" to post figure skating videos on YouTube that contain copyrighted music?
Mario's answer
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Answered on July 18, 2012
I believe it to be fair use, no commercial, and the music being incidental to the child's dancing.
I respectfully disagree with my colleague...
Can I make jewelry with video game or cartoon characters to sell if I draw them free-hand or make small changes to them?
Mario's answer
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Answered on July 17, 2012
No, you cannot use cartoon characters, even with slight modifications for your jewelry, unless you have a license from the copyright and trademark...
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