Archived
I been making elmo and cookie monster beads out of polymer clay. Am I aloud to sell them at craft shows?
Michael's answer
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Answered on March 12, 2014
In this situation you are reaching into someone else’s intellectual property, given that it is Elmo and Cookie Monster. If the matter is reported...
Archived
If I purchase a product from china for resale with my Logo (not counterfit) but the same product is being sold here.
Michael's answer
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Answered on March 12, 2014
You could run into some difficulties with regards to importing goods that may or may not be infringing. Using your own logo may be perfectly well,...
Archived
Invalidating a patent in another country to sell my item their
Michael's answer
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Answered on March 07, 2014
You will probably have to see if that country is a signatory to some of the international intellectual property treatises in order to take matters...
Archived
Am I infringing anything? I plan to use coachD as brand name but want to avoid infringements from the COACH, Inc. brand.
Michael's answer
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Answered on March 07, 2014
It depends on the similarity factors, which includes goods or services. To find that a brand name is similar to another, a number of factors are...
Archived
This is regarding a patent that is expired. Who claims it once it has been expired?
Michael's answer
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Answered on March 07, 2014
The patent has expired and once expired, others will probably have rights to practice it. With regards to wanting obtain the patent once its...
Archived
How do I protect the copyrightable elements of a 1st edition of a work if all copies have been destroyed?
Michael's answer
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Answered on March 07, 2014
You can claim protection for the second edition probably as a derivative work. With regards to the first edition, see if you can find anything with...
Archived
Can I get a trademark for a slogan that I have been using in my radio ads?
Michael's answer
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Answered on March 05, 2014
In U.S. trademark law, slogans can be tricky. While a slogan can be put into the trademark category if it directly points outs or refers to a...
Archived
Hi, can i open a Cafe (breakfast, coffes, sandwiches, etc) with the same name of an other one in the same state ?
Michael's answer
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Answered on March 03, 2014
It depends. If the Cafe that is already open has a federal trademark then this may pose problems, because a federal trademark provides national...
Archived
I am an artist. I drew a picture from a photo in a magazine. Can I sell that drawing?
Michael's answer
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Answered on March 03, 2014
This could potentially amount to copyright infringement or what is termed a derivative work. Copyright protection will extend to the protected...
Do we need legal permission to use real weapon names in a video game?
Michael's answer
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Answered on February 28, 2014
In some circumstances, probably not. There is a degree of fair use of such names and the extent of such use; on the other hand, if your use...
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