We are acquiring several practices and starting a new LLC. Can we use an existing employee handbook from one of the practice?
David's answer
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Answered on October 12, 2022
If you mean "acquiring" in the ordinary meaning of the term -- buying everything -- then make sure your purchasing agreement includes the...
Can you take an item for example a Disney (or any other) figure and "transform" it?
David's answer
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Answered on October 12, 2022
"Transformative" relates to, at best, one of four fair use factors. And a general rule is that modifying a product can lose trademark "first...
Is this company legit?
David's answer
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Answered on October 12, 2022
You'd better retain a lawyer. It sounds like you might have been selling what may be alleged to be counterfeit Otter boxes. If it goes to court,...
Does the Apple trademark for its shiny blue text bubble cover just software or can I use it in my graphic design of a text msg?
David's answer
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Answered on October 12, 2022
It sounds like you're grasping for technicalities. Trademark infringement looks to likelihood of confusion as to origin, and includes confusion...
Can a trademarked business sue other businesses that use the same word from a dictionary in their names?
David's answer
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Answered on October 11, 2022
Most trademarks are words. While coined words (EXXON, KODAK) are "strongest", arbitrary words, having nothing to do with the nature of the...
Can I sell "mini" canvas paintings of local high school logos and/or mascot images? And other logo images?
David's answer
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Answered on October 11, 2022
You likely won't get "clearance" on Avvo to make a copy of a team's mascot or name, "mini" or not. Even public school teams probably have enough...
Can I resell jerseys from DHGate here in the states if the franchise is not based in America?
David's answer
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Answered on October 11, 2022
There can be some cross-border trademark rights, if we assume the teams have zero commercial presence (they don't sell legitimate team jerseys) in...
Popeye is public domain. Soon in the U. S. as well... But can he be used?
David's answer
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Answered on October 11, 2022
Good answers above. And, only the art that has expired copyright is in the public domain. Don't assume everything about later versions is in the...
What can I do about an old employee using a picture of my business for advertising on their website?
David's answer
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Answered on October 10, 2022
Good answers above. You might have claims for false designation of origin (depending on what she suggests about the businesses) copyright...
Edited, altered, or part of a document as evidence?
David's answer
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Answered on October 08, 2022
You don't say what court, so no one knows what rules apply. And when you say "evidence" we don't know if you are really talking about evidence to...
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