Archived
Is a "Breach of Contract" lawsuit appropriate if a company fails to register a domain name that you have paid them for?
John's answer
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Answered on April 08, 2014
It could be a breach of contract claim, or it could be a negligence claim. You will want to speak with an attorney well versed in these issues, as...
Archived
Can we use an automotive company's name in our advertising
John's answer
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Answered on April 08, 2014
Stating that you handle "XXXX repair" likely falls under the nominative fair use defense, which is a free speech exception to trademark law. Under...
Archived
Do I have a good chance of winning a domain dispute with just a supplemental trademark?
John's answer
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Answered on April 07, 2014
It is unlikely that you have a good chance to acquire this domain name with a registration of the Supplemental Register. The Supplemental Register...
Archived
Copyright Violation
John's answer
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Answered on April 07, 2014
You likely have a claim for copyright infringement. You should speak with a copyright attorney.
Archived
Question about a registered trademark that is being objected by another company
John's answer
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Answered on April 06, 2014
Possibly. You should speak with an attorney with TTAB experience to determine whether it is worth fighting the opposition.
Archived
I'm an exercise instructor. Does it violate IP Law to publish my music playlists on social networking sites?
John's answer
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Answered on April 05, 2014
I agree with Mr. Ballard above. Publishing song titles is not copyright infringement, and, in fact, copyright protection does not extend to short...
Can you use word only if trademark is registered as Drawing/Design + Words?
John's answer
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Answered on April 05, 2014
Possibly. They could rely on the fact that they have common law trademark rights for the use of the character mark. Additionally, if a third party...
Can you copyright a purse design? Or you can only file for a design patent for a purse design?
John's answer
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Answered on April 05, 2014
If the purse has design elements that are physically or conceptually separable from the functional aspects of the purse, then those design aspects...
Archived
How do I address a workplace disciplinary threat for Facebook photos that others are likewise posting without incident?
John's answer
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Answered on April 03, 2014
It sounds like you are a public school teacher. If you have a union contract, you should take a look at the procedure for sending your concerns up...
Archived
Sports Clips on Youtube
John's answer
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Answered on April 03, 2014
These clips are almost undoubtedly still covered by copyright law. While financial motive and the proportion of the work used in relation to the...
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