Archived
My product has the same name as 3 different products in 3 different industries. Only one has a trademark. Can I use it?
Kevin's answer
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Answered on May 09, 2013
I would highly recommend that you speak with an attorney. The federal trademark system is not the only option, here in Illinois a company could...
Selected as the best answer
Archived
How much will a lawyer charge to search the uspto database
Kevin's answer
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Answered on April 23, 2013
As noted by others, the knockout search is only part of the trademark clearance process. To answer your second question, an IP attorney will...
Archived
Does a domain name have to be registered as an assumed name if it is different
than the corporate name?
Kevin's answer
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Answered on April 22, 2013
There is a distinction between the TRADE NAME of a company, and the company's TRADEMARKS which are the symbols used in commerce to identify the...
Archived
How does the international code assigned to a trademark affect where you sell your products
Kevin's answer
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Answered on April 22, 2013
The international class is just a system the Trademark Office uses to determine what goods and services you are selling. For example, clothing is...
Archived
I thought of a domain name. I came across a domain that shares one of the two words in the name. Am I infringing?
Kevin's answer
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Answered on April 15, 2013
Your question relates to two issues, the trademark clearance process to see whether a mark is available for adoption, and the related topic of...
Archived
A chiropractic adjustment sent me to the ER 3 days later. I posted it online. Owner wants me to apologize or he will sue.
Kevin's answer
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Answered on April 11, 2013
Your statements are likely protected so long as they are truthful. The doctor could sue for defamation or libel, but truth is a defense. You likely...
Archived
Would it be legal for me to record myself playing Modern Warfare 3 with commentary and upload it to youtube?
Kevin's answer
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Answered on April 11, 2013
Fair use is an interesting analysis. Certainly what you are creating is a derivative work, but whether it is covered under Fair use, which is a...
Archived
When a person turns his/her webcam on is it legal/ possible for and ISP company to view that person and his/her home?
Kevin's answer
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Answered on April 10, 2013
While your computer certainly could be hacked, the default is not to share your webcam. When you are using it the protocol being used (such as...
Archived
Should I be worried about what I put in private emails?
Kevin's answer
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Answered on April 10, 2013
Yes, email is an inherently insecure protocol. It's like sending a postcard - anyone along the way such as servers, gateways, etc. can read the...
Archived
What's the best way to comply with COPPA if you're asking users for their birthday within the signup process?
Kevin's answer
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Answered on April 08, 2013
For the most part the prior answers are correct. It should be noted that the FTC's rules implementing COPPA have recently been changed, and the new...
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