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Brent Cabot James Britton

Brent Britton’s Answers

3 total

  • Can I be forced to surrender a domain name I've owned for several years to someone who just trademarked the name?

    I purchased a domain name several years ago and have maintained it yearly, but I have not yet worked on the project that goes with it. Someone now claims to have just registered a trademark and established a nonprofit using the domain name and wan...

    Brent’s Answer

    If you didn’t use it in commerce, you didn’t accrue any trademark rights. Thus, the new user is now the senior user and you will probably have to yield the domain name to them if they push it.

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  • If i found a logo on the internet and changed the color and a couple small details would i be able to use the logo ?

    I found a logo on the internet and changed the color. i was wondering if i could use it for my business or would i be in legal trouble with the logos original creator.

    Brent’s Answer

    You would expose yourself to liability for copyright infringement by copying the work of authorship. If your use of the logo as part of your branding gives rise to a likelihood of confusion among consumers as to whether or not your products or services originate from you or from the owner of the logo, you would also expose yourself to liability for trademark infringement.

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  • Is it copyright violation to describe a painting or work of art in a novel?

    If I describe a work of art I've seen in real life in a novel without mentioning it by name or the artist (neither of which I know and don't know how to find), am I breaking any laws? What if I change only some of the features of the work of art ...

    Brent’s Answer

    From a copyright infringement perspective, a picture is not worth a thousand words. On these facts, you’re not subjecting yourself to liability. It would be difficult if not impossible for a copyright holder in a painting to make out a claim for infringement based on a literary description of the painting, or any other work of visual art for that matter.

    (And, by the way, an artist needn’t be alive for you to get sued for infringing his or her copyright, but that’s a whole nuther story.)

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