Archived
Would you recommend anIP attorney sign an agreement with a potential client where the agreement includes an indemnity clause?
Konrad's answer
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Answered on July 24, 2012
Probably not. If you agree to this, you are essentially agreeing to act as an insurer for the client, and, if you have had any experience with...
Archived
Notice of copyright infringement
Konrad's answer
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Answered on July 24, 2012
Generally, the best bet to fight off a "copyright troll" is to attempt to quash the subpoena before the ISP divulges your identity. Usually,...
Archived
Is it ethical for an attorney to file a motion to represent someone who they haven't executed a retainer agreement with?
Konrad's answer
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Answered on July 24, 2012
So an attorney, who likely charges for her time, prepared a motion on your behalf, and apparently made at least one court appearance to argue your...
Archived
Did I give up my marketing rights when I sent a costume to a major motion picture company? (No contract)
Konrad's answer
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Answered on July 24, 2012
You need to speak with competent IP counsel right away. If you have used your logo in commerce for some time, and built a brand around it, you may...
Archived
How do I secure a franchise of a TV program that will be operated in Africa?
Konrad's answer
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Answered on July 24, 2012
If is an existing game show, you will need to get a license from the content holder, and an entertainment lawyer should have the necessary contacts...
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Archived
Help with legal aspects of reviews website:
Konrad's answer
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Answered on July 24, 2012
There are a number of Cyberlaw and IP issues that your question raises. First, section 230 of the Communications Decency Act will largely shield...
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Can I blend coffee and tea and sell it under my own label? Can a NPO private label wine to sell to donors?
Konrad's answer
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Answered on July 24, 2012
Your question raises a number of issues. With regards to the trademark issue, you can blend coffee and tea, and sell it as your own product as...
Archived
Who owns IP/Patent rights in a General Joint Venture Agreement?
Konrad's answer
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Answered on July 24, 2012
As far as the ownership of patents, there are many factors that can affect ownership. First, the inventor may own the patents, if she did not...
Why is copyright law not more strictly enforced?
Konrad's answer
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Answered on July 24, 2012
The way the law is structured, the burden for enforcement is on the copyright holder. However, if the copyright holder registers the copyright it...
Can my former employee send a cease and desist to me if I didn't have a non compete or employment contract with them?
Konrad's answer
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Answered on July 23, 2012
The best answer I can give is "maybe". The lack of a written non-compete agreement certainly is in your favor. However, it is not dispositive -...
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