Archived
Starting a clothing brand, the name I want for the brand is being used by a marketing company. Its not TM, is that an issue?
David's answer
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Answered on December 01, 2016
It is permitted to have the exact same mark in two different fields. The test is whether there is a likelihood of confusion. Your scenario might...
Archived
Can a registered trademark for a clothing brand named "Born" stop ALL apparel companies from using the word BORN in their tradem
David's answer
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Answered on December 01, 2016
It is impossible to predict if someone will oppose. You cannot stop people who were using prior to you. Your rights in the word born, will most...
Archived
How should I upload or use music content whether copyright or noncopyright in a streaming website called YouTube for promotion?
David's answer
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Answered on December 01, 2016
You cannot upload copyrighted content that is not yours. The copyright holder can ask YouTube to remove under the Digital Millennium Copyright Act...
Archived
What ways can an llc help when it comes to a legal matters and how do I go about knowing my rights if a complaint arises?
David's answer
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Answered on December 01, 2016
If your business is at stake, then you must get legal counsel right away. Many attorneys will give you a free consultation. It is an issue that...
Archived
Could I display lottery results (like Powerball) and use their logos in an free phone app that has ads?
David's answer
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Answered on November 30, 2016
Powerball is trademarked . You cannot do this without permission
Archived
Can i reserve a short saying for use as t-shirts and pins?
David's answer
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Answered on November 30, 2016
Possible. But an examiner is given latitude to refuse registration deemed to be scandalous. You would need a brand name and not merely the sayings
Archived
Can I legally sell a shirt with a painting from a museum on it?
David's answer
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Answered on November 30, 2016
If the facts are as you present them, then the painting could be free of copyright claim. The presence of a painting in a museum does not effect...
Archived
My question concern whether a artist/label can use track for a mixtape. And then later attempt to monetize off it by selling.
David's answer
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Answered on November 30, 2016
Copyright infringement requires access to copyrighted work and duplication that is substantially similar. You would have to prove both. If it...
Archived
If 3 product names are trademarked as "TRADEMARK", "Trademark", and "tradeMark", can I register my product name as "trademark"?
David's answer
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Answered on November 30, 2016
Keep in mind that trademarks are consumer protection laws. If the mark is likely to cause confusion with another mark in the same category of...
Archived
Hi is it legal to repackage food products into smaller amounts using the original labeling?
David's answer
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Answered on November 30, 2016
You probably cannot do this. The original packaging was made with particular quality control. If you repackage, there is no assurance of quality....