Would it be possible to trademark an artist's stage name if a youtube channel is using it, and get ownership of it?
David's answer
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Answered on September 27, 2021
Trademark (and service mark) rights arise from use. Registration can strengthen those rights. Enforcement is generally against someone using a...
Can I sell a customized item (in the exact same way as a custom name necklace) but the content is from another company?
David's answer
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Answered on September 27, 2021
You can't use the Spotify or Coca-Cola logos without permission. Logos would make it look like they approve or endorse your product. In theory,...
Is this considered copyright infringement?
David's answer
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Answered on September 27, 2021
That's way too ambiguous. "[U]se their likeness" doesn't say who owns copyright. It might be right of publicity only. "[U]se" doesn't explain...
Can the creator of a Facebook group sue over the taking of intellectual property after she leaves that group?
David's answer
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Answered on September 26, 2021
Good answer above. First thing is to read whatever Facebook has as terms and conditions, terms of use, or whatever. Every person participating...
Can I wear a mascot Uniform to a game?
David's answer
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Answered on September 26, 2021
Sometimes costumes are copyrighted and sometimes they show something that's a trademark. If it's a counterfeit costume, you'll be relying on...
I make birdhouses can I use sports logo on these houses?
David's answer
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Answered on September 26, 2021
Thank you for your service. I'd think it is worth your investigating NFL (and team) policies and asking, but doing it without their permission...
If I was issued a letter for trademark infringement, am I allowed to donate the clothing (no profit) without getting sued?
David's answer
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Answered on September 26, 2021
Depending on what the letter says, maybe you should get Reebok to agree. What you suggest has been done in the past as one component in resolving...
Is it inducement if a website openly says that it hosts non-famous copyrighted material and claims it as fair use?
David's answer
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Answered on September 25, 2021
From your description it sounds like you're going in the wrong direction. There has to be direct infringement by someone for there to be vicarious...
Can I sue etsy?
David's answer
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Answered on September 25, 2021
Good points above. As far as "can you sue Etsy", read the Etsy Terms of Use to which you agreed when you signed up for Etsy. Look in the Terms...
Is it illegal to download a game that you can't buy anymore, but legal to buy a preowned game from someone?
David's answer
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Answered on September 25, 2021
It might be illegal to make a copy (download) but legal to sell a physical item (disk which happens to contain software) but it may be less simple...
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