How are individuals selling New Era hats with professional sports franchise logo on websites such as ebay, esty, craiglist, etc?
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Answered on May 18, 2017
If the Chinese manufacturer is licensed, it would be best to identify the terms of that agreement. It may be that the Chinese manufacturer has a...
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How can I use a copyrighted song in my video without getting in trouble?
David's answer
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Answered on May 15, 2017
There are two parts to any song: the music and the lyrics. And you need permission for both. If you are going to "spoof" the original, I would...
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Is my video under youtubes "fair use" policy?
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Answered on May 12, 2017
You have a few issues with your plan to use an edited SpongeBob SquarePants clip (SS clip) as a commercial. First, fair use is a defense to...
Archived
How would royalties work when performing a play/musical that is a parody?
David's answer
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Answered on May 10, 2017
The prior answers are all good. One point regarding your inquiry is whether you are the author of the parody. If not, you may require permission...
Archived
There are many shades of the color spectrum. Has a tolerance been established?
David's answer
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Answered on May 10, 2017
The licensing of merchandise for professional and collegiate teams is big business. I would look into licensing from any team/league whose colors...
Archived
What's the point of getting a product patented when the market can just change its color and sale as a new product?
David's answer
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Answered on May 08, 2017
If your invention is truly new, it is patentable. If you did a patentability search, I dare say you would find none of the relevant patents discuss...
Archived
A counterfeit seller is selling our products under our listing on a marketplace (Amazon & Ebay). They are posing as us. Help?
David's answer
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Answered on May 04, 2017
In my experience, I found the party-generated cease and desist letter to create missteps, sometimes very unfortunate missteps. I have also found...
I understand that one can be sued for trademark infringement but is it a criminal offense that one could go to jail for or fined
David's answer
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Answered on May 01, 2017
Short answer: yes.
Long answer: 17 U.S. Code § 506 states:
Any person who willfully infringes a copyright shall be punished as provided under...
Archived
How can I protect myself from being sued for intellectual property infringement.
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Answered on April 28, 2017
The only way you can use Disney cartoon images on a product you are selling is to get permission from Disney. Doing a quick search at the USPTO,...
Is this NDA too restrictive?
David's answer
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Answered on April 26, 2017
It is difficult to comment on snippets of a contract without seeing how the whole contract works. Having said that, I think you would want to have...
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