If your creation is totally independent, as you claim, then most likely there will be differences between your creation and the other. You cannot...

The answer is YES, they can be. You must check for Trademark registration as well as Copyright registration.

How do you disclaim a descriptive wording in the trademark process?

You need to consult a trademark attorney. Since you received and office action there may be some elements which you are not familiar and must be...

There are lots of tricky points here. A few that come to mind are: First, must check for trademark infringement. Second, must check whether the...

How do I disclaim a general desciptive word, like "burger," in the trademark process?

This is very simple. You can contact the USPTO Trademark assistance center. If they can't help, you should contact a trademark attorney.

Can I use on my website justin.TV and Megavideo material?

I don't know what is justin. tv and avvo.com is not the place to guess. If the website has its own copyrighted material, then it is OK, otherwise,...

Where I can ask permission to show movies on my web site and open a free entertainment center for people with low incomes.

You must ask permission or get a license from the copyright owner. There is no office responsible for permits. You do not need permits for film...

Copyright---Infringement on one, or the collection?

Your question is not clear but it seems that some type of illegal activity happened before a valid license was obtained. You should consult a...

I want to publish a book that contains the names of all MLB, MLS, NASCAR, NBA, NCAA, NFL, NFL teams and/or drivers .

OK to publish is it is only and strictly facts, otherwise consult a copyright attorney.

As an international public performer can I use any image taken of me (or my band) without copyright violation of photographer?

The simple answer is NO. the photographer, or whoever commissioned him/her, owns the rights.