Can someone sue me or send me a cease and desist for using the same word they have in their company’s name in my own?
David's answer
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Answered on March 30, 2023
Thirty years ago I renewed a trademark registration for a company using TINTZ. Haven't represented them since and from memory, that company was...
Can I take legal action against someone impersonating me on instagram?
David's answer
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Answered on March 30, 2023
Probably. Save all documentation, including all your "takedown" requests to Instagram. Actual confusion by your contacts can be important...
Can I , as an artist,use a line from a famous poem to name a painting series I am doing? How can I keep someone from copying?
David's answer
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Answered on March 28, 2023
You want to be free to copy but stop others from copying? Your ability to copy depends on it not being infringing a valid copyright. Maybe the...
Can I use the phrase "Just Do It" in a painting or series of paintings?
David's answer
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Answered on March 28, 2023
I'd wait until the Supreme Court decides the Jack Daniels v. Bad Spaniels case on how trademark law applies to artistic use of a trademark. If the...
Can i sell items that look like designer but with no logo?
David's answer
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Answered on March 27, 2023
It is very risky. Commonly a "trademark" is the word or logo, or both. Even without a trademark registration a distinctive, non-functional,...
Is copyright of an artwork relinquished if it is commissioned work, if there is no signed contract/agreement?
David's answer
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Answered on March 27, 2023
US Copyright belongs to the "author" initially. That's the person who created it unless it is a work made for hire. It's a work made for hire...
Is it copyright or trademark infringement to sew a custom item using well known designer deadstock fabric?
David's answer
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Answered on March 27, 2023
Probably trademark infringement, maybe even counterfeiting. If it's modified product, you don't have a right to re-sell. I also have a...
Can I sell look a likes or replicas of chanel or Louis Vuitton ?
David's answer
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Answered on March 26, 2023
Figure that selling counterfeits will cost you $50,000 or so. Maybe more. "Can" you do it (remind yourself what your Third Grade teacher said)...
Can a minor or parent/guardian sign a Work for Hire agreement?
David's answer
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Answered on March 26, 2023
Minors don't have the legal capacity to sign contracts. It would have to be a parent or guardian. Some state laws permit minors to "disavow"...
How do Twitter accounts get away with posting images of celebrities and other copyrighted material?
David's answer
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Answered on March 24, 2023
Q: How do Twitter accounts get away with posting images of celebrities and other copyrighted material?
A: Chances are they have not been caught,...
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