Archived
What is the possibility of the USPTO granting trademark to a name of a business already exists with similiar services.
Daniel's answer
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Answered on September 04, 2015
If you file a state trademark application, the Georgia Secretary of State will not look at any federal registrations in order to grant you a...
When does a copyright start?
Daniel's answer
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Answered on September 03, 2015
As noted, your copyright exists when you fix it in a tangible medium.
Archived
Ensuring I am not infringing a patent
Daniel's answer
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Answered on September 03, 2015
You should seek out patent counsel and have them perform both an infringement analysis/opinion of the patent you are aware of, as well as a freedom...
Archived
Can I patent yet or no?
Daniel's answer
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Answered on September 02, 2015
As long as you can describe your invention with sufficient detail that a person of ordinary skill in the art would be able to understand and make...
If i trademark a business name, can someone else use that name as a name in a corp/llc/PC/ partnership... ect?
Daniel's answer
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Answered on September 02, 2015
It will depend greatly on the specific facts of your situation. Assuming you mean a federal registration when you say "trademark," that...
Archived
Can I be pursued by a copyright holder for infringement for selling a vintage piece online? For example, a Moulin Rouge poster?
Daniel's answer
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Answered on September 02, 2015
If you are merely reselling an item you own, that is not copyright infringement. Whatever rights the original owner had regarding the sale of the...
Archived
Can an ex-partner from my LLC copyright work and IP after his voluntary withdrawal?
Daniel's answer
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Answered on September 02, 2015
This will depend on the agreements you have in place. Seek Oregon copyright counsel to help you with this.
Archived
Will an unauthorized use of motor vehicle ever change to be reported stolen?
Daniel's answer
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Answered on September 02, 2015
Changing to criminal, as this is not an intellectual property question.
Archived
Can someone use my photo in an advertisement without my permission?
Daniel's answer
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Answered on September 01, 2015
Your right of publicity is separate from the photographer's copyright. While it is likely true that the photographer owns the copyright, it is not...
Archived
Can you take two generic items (i.e. eraser and chalk) and created a new item to sell? If so, do you need permission?
Daniel's answer
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Answered on September 01, 2015
If you are not using an item currently protected by a patent, and you are not using a trademark of a third party, I do not see any issue with that....
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