Is The United States Patent and Trademark Office (TESS), the only place I have to check to make sure I don't use owned work ?
David's answer
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Answered on May 14, 2022
It's a good place to start, but doesn't include common law uses that might give rise to common law trademark rights. And "sayings" might not be...
Is proof of being the original author of an idea enough to protect it?
David's answer
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Answered on May 14, 2022
It would be best for you to retain an intellectual property lawyer. Lawyers owe ethical duties to their clients, you validly express concern about...
Can I purchase a Nike shirt and add my design to it then sale?
David's answer
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Answered on May 14, 2022
Probably, but that doesn't mean you can go to extremes and do something that causes a likelihood of consumer confusion. Nike sells shirts all the...
What is the difference between applying for a Trademark as a LLC vs Individual?
David's answer
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Answered on May 13, 2022
Good answers above. There can be some technical requirements to "assign" a trademark application from one legal entity (you) to another (LLC). ...
Can or how can I challenge a courts lack of subject matter jurisdiction in court?
David's answer
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Answered on May 13, 2022
Small claims courts have their own special rules, but logically, you lost, but now you're saying you got it wrong in the first place, doesn't sound...
How does one calculate actual damages in copyright infringement?
David's answer
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Answered on May 12, 2022
It's right in the statute:
"(a) In General.—Except as otherwise provided by this title, an infringer of copyright is liable for either—
(1) the...
Is it enough to blur logo, brand name or trademark from product to minimize the lawsuit risk from companies and manufacturers?
David's answer
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Answered on May 12, 2022
It's not absolute. Trademark infringement is judged based on whether there's a likelihood of consumer confusion. In theory, if there's no way a...
Can I buy clothes of a website and sell it on my own site with the name of my business?And use there pictures for my site?
David's answer
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Answered on May 12, 2022
Each answer is correct for one of your two questions, although they might be "maybe." (1) can you buy their products and resell? Maybe. If you...
Can you use technology from one industry and apply it to a product in a non competing industry to get a utility patent?
David's answer
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Answered on May 12, 2022
Good answer above. Additionally. often people say "technology" when what the really mean is "something that runs on a computer." But pretty much...
CBP confiscated my goods what is my best course of action?
David's answer
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Answered on May 12, 2022
Good answer above. Quite often the term "replicas" is used when the goods are really "counterfeit". If you got your money back you're ahead of...
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