Archived
I just launched a new website and hired an attorney to conduct a federal trademark search and internet search for competing name
Michael's answer
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Answered on April 03, 2014
Yes it is, because you could encounter a problem that a state or common law trademark is the senior user of the mark, even though no federal...
Archived
Can Jared sue Chris over the website?
Michael's answer
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Answered on April 03, 2014
A court could imply a contract exists even though one has not been written by the conduct of the parties. Chris for the purposes of copyright law...
Are tv series episode names copyright or trademark protected?
Michael's answer
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Answered on April 03, 2014
Under U.S. copyright law, names, titles, short phrases or expressions are not protected; see U.S. Copyright Office Circular 34-0112. However...
Archived
How do i, as a Nigerian , get back my domain name that has been cybersquated by an American Company?
Michael's answer
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Answered on April 03, 2014
Cyberquatting under U.S. law is potentially a cause of action, but the better bet is through the dispute resolution of ICAAN. The case would...
Archived
Hi - I'm currently working on an art project that uses distorted images of past cartoons. Would I be protected under fair use?
Michael's answer
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Answered on April 03, 2014
It may be deemed fair use under the circumstances and if the word project is interpreted as meaning educational, commentary, parody, etc. If on the...
Archived
Determining generic ness of trademark in federal court-is there a statute of limitations for a lawsuit?
Michael's answer
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Answered on April 02, 2014
The answer is simple; pursuant to 15 U.S.C. 1064(3) a registration of mark that has become generic can be cancelled “at any time.” And Registration...
Archived
Can old watches that have a trademark logo on them be used to make other objects without infringing on the trademark?
Michael's answer
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Answered on April 01, 2014
You could potentially have a couple of issues, namely, trade dress and copyright. Trade dress protects the look and feel of the product and...
Archived
Can I file for a provisional patent after a recent public disclosure? And if so, how long should I wait to file one?
Michael's answer
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Answered on April 01, 2014
You probably want to file it as soon as possible, given the law relating to patents recently changed, prior to the change it was the first to...
Archived
Am I legally allowed to link to a companies support pages on my own website?
Michael's answer
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Answered on March 31, 2014
It could be considered fair use under the circumstances and you probably want to approach them to see if it is ok to do it.
Your best bet is to...
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Archived
Can I use illustrations from an old scientific field guide in my art, if I intend to sell it?
Michael's answer
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Answered on March 31, 2014
In this situation and give the date it may well have fallen into the public domain, but it is always better to check.
Your best bet is to...
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