Archived
If I download a photograph online, print it, put it in a frame and give it to a friend as a gift, is that legal?
Craig's answer
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Answered on January 14, 2015
This is a violation of the copyright owner's right to make copies. The only way that the owner can enforce its rights is by suing persons or...
Archived
In a fictional book I am writing, can I have my main character sing a few lyrics to famous songs to herself throughout the book?
Craig's answer
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Answered on January 14, 2015
What you describe may be permissible as fair use. But fair use is no magic bullet. Whenever you intend to rely on fair use, there is a very real...
Archived
How do I know if this is a trademark/IP violation?
Craig's answer
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Answered on January 14, 2015
The relevant standard is whether consumers are likely to be confused as to the source of goods or services. For example, would consumers mistakenly...
Archived
Do employee pre-invention assignment agreements transfer to spun off separate companies?
Craig's answer
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Answered on January 14, 2015
This is dependent upon the agreements in place between the parent and the spun-off subsidiary. I would expect that this detail would have been...
Archived
I'm looking to get trademark protection for my business name & I'd appreciate some advice
Craig's answer
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Answered on January 14, 2015
Trademark application filing seems deceptively simple. A few forms on a website, and you have a pending application. There are, however, many...
Archived
If an artist paints a picture for an album cover for a band, can the band also sell T-shirts with the picture?
Craig's answer
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Answered on January 13, 2015
You need to negotiate with the artist to obtain the exact rights that you wish to have. This may cause the artist to demand a higher fee. I...
Archived
I created a unique phrase which I print and sell on shirts, I'm wondering if I can protect it with a trademark or copyright?
Craig's answer
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Answered on January 12, 2015
Copyright protection is typically not available for phrases.
You may be able to utilize trademarks to protect your phrase as applied to specific...
Archived
Can I get in trouble for printing popular figurines (marvel, pokemon, star wars), with a 3D printer, and then giving them away?
Craig's answer
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Answered on January 12, 2015
The proposal you describe involves using the intellectual property rights of others without their permission. This is not permissible. Furthermore,...
Can I use Hello Kitty fabric to make aprons to sell?
Craig's answer
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Answered on January 08, 2015
I agree with attorneys Ivey and Korbin. The license you receive when you buy fabric in this manner is typically limited to personal use. Use in the...
Archived
Should provisional patent applications cost less than a non-provisional?
Craig's answer
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Answered on January 07, 2015
The provisional patent application needs to include a written description that is sufficient to provide support for the claims that you will make...
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