Archived
Is drawing a picture of kids in Halloween costumes, one of whom is in a "homemade R2D2 costume" covered under fair use?
David's answer
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Answered on April 11, 2018
I doubt your illustrations of a character wearing an R2D2-like homemade costume would fall into any fair use exemption. It would be best to change...
Archived
Is "Portland, OR - Keeping things weird since 1845" infringes TM "Keep Portland weird"?
David's answer
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Answered on April 06, 2018
If there is a likelihood that confusion will occur in the marketplace as to the source of your goods or, eventually, the source of the products by...
Can I use a photo from a magazine cover at the top of my website?
David's answer
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Answered on April 04, 2018
Either the magazine, a clearing house or the photographer owns the copyright to the photograph and your copying of the photograph could lead to a...
Archived
Can I or a person display a purchased item that has a trademark displayed openly on say a piece of furniture ?
David's answer
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Answered on March 28, 2018
Using a trademark of another will lead a customer to believe that there is some affiliation or sponsorship of your product by the trademark owner....
Archived
Utility patent infringement?
David's answer
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Answered on March 27, 2018
How you market the product (brands) does not affect the patent infringement analysis. I would suggest you contact an intellectual property attorney...
Can I use the 'NBA' term/name on my app description?
David's answer
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Answered on March 26, 2018
The NBA, NFL and MLB are organizations that are quite aggressive in protecting their respective brands/trademarks. I would avoid using the names of...
How do you get a patton on an invention no one else has?
David's answer
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Answered on March 23, 2018
You should speak with a patent attorney to discuss your invention. The patent attorney will likely suggest you perform a patentability search to...
Are golfers name copyrighted?
David's answer
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Answered on March 18, 2018
The names and likenesses of famous people such as golfers are worth a lot of money. If you used someone's name without their permission, you would...
Are you violating copyright laws if you copy a workbook by hand?
David's answer
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Answered on March 15, 2018
No one has the right to copy a work except for the owner of the work. The copyright laws do not distinguish with how the copy is made or with what...
Archived
Copyright or trademark?
David's answer
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Answered on March 15, 2018
To own a trademark, you need to use it. If you use the trademark, you own it for that particular geographic area in which you are selling your...
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