Am I permitted to sell a program that delves more deeply into SOME of the topics in my book, but is not based on the book?
David's answer
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Answered on April 05, 2021
You say you're the copyright owner and then you say "the publisher says." If there's a written agreement, you need a lawyer to interpret the...
What to do if we received a cease and desist letter for a product counterfeit?
David's answer
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Answered on April 05, 2021
Avvo isn't the place to get advice about specific matters. Understandably, if it was only the sale of one case of four, it could be cost...
Archived
Will a trademark protect my business name from someone creating a variation by putting the name of the city in front?
David's answer
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Answered on April 05, 2021
If the underlying mark is distinctive, adding a geographical term might not avoid likely confusion. But you can't evaluate hypotheticals because...
How do I press charges over stolen intellectual property?
David's answer
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Answered on April 04, 2021
"Pressing charges" implies filing a complaint with law enforcement to see if they will seek to impose criminal penalties. That's exceedingly...
Archived
I was wondering what steps/forms I need to complete to start my clothing brand when I have the name, logo, and website?
David's answer
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Answered on April 04, 2021
The Trademark Office just uploaded a new "how to" video. However, about sixty percent of the time, applications are rejected by "do it yourself"...
Archived
Intellctual Properties-Trademark
David's answer
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Answered on April 04, 2021
It sounds like you may be describing what's been called a "phantom mark". You can't get a registration that includes variable information. Retain...
Archived
Can I manufacture modified trademark products?
David's answer
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Answered on April 04, 2021
If the logo includes artwork, the act of copying is copyright infringement. If it's just a logo used as a trademark, reproducing and selling in...
Archived
Does a trademark name (wordmark) have to match the name in the logo design drawing?
David's answer
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Answered on April 03, 2021
The trademark in the drawing on the application cannot be a material variation from what is on the specimens. So the answer to your question is "it...
Is CCR (Creedence Clearwater Revival) and The Mamas and Papas music public domain or at least free to use?
David's answer
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Answered on April 03, 2021
Good answer above. Taking on someone who literally took a copyright infringement case to the Supreme Court seems a particularly bad idea.
Can a defendant who has been entered into default and received certificate of default, file motion for time ext. 10+ days later?
David's answer
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Answered on April 02, 2021
I was in Federal Court in the Central District of California one time, having read the rule that required the trial attorney to be present, even...
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