Archived
To best protect the words of a trademark, is the logo important? I want the word(s) itself protected, might change the logo.
David's answer
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Answered on February 20, 2021
Balancing these things are one of the places where advice from an experienced trademark lawyer is valuable. Plain block letters could be more...
I feel there is bias at the USPTO regarding my Trademark. I haven't had a final decision but was told it will be turned down
David's answer
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Answered on February 20, 2021
No bias. You chose someone else's well known initials to identify yourself. You're not entitled to such a registration. "No trademark by which...
Archived
Do I need to copyright every Ep. of a 1462 page Show, and pay $50 for each Ep.? Or, can you just pay 1 fee for all 1462 pages?
David's answer
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Answered on February 19, 2021
Investigate applications for compilations, collections and groups, relative to whether your works are unpublished and created within the...
I read that about 1/2 of all trademark applications get denied. That’s an awful lot. What is the most common reasons for denial?
David's answer
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Answered on February 19, 2021
I know there's at least one law review article out there that analyzed the issue in detail. You can see if you can locate it -- I head the...
Archived
Will I be able to dismiss this without paying a settlement?
David's answer
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Answered on February 18, 2021
Your question seems to mix two different infringements -- copyright and publicity. Neither has "unawareness" as a defense. Copyright definitely...
Archived
Can I sue for copyright infringement?
David's answer
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Answered on February 17, 2021
If by "copywrited" you mean you registered copyright, you can sue because a registration is a prerequisite. But as a general rule, your will need...
Is it legal to sell Nike clothing that has the word "Sample" stamped on Depop or eBay?
David's answer
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Answered on February 17, 2021
It's highly risky. The reason they mark them "Sample" is so they aren't sold by anyone. I could theorize some possible defenses, if you...
Is putting a disclaimer of an affiliate product in my Youtube video's description enough to be covered legally?
David's answer
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Answered on February 17, 2021
Good answer above. You probably need to study (or retain a lawyer to study and provide an opinion) both Youtube's terms of service and the FTC...
How to check if a person / their likeness is in the public domain? I want sell art with historical people likeness
David's answer
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Answered on February 17, 2021
Each work needs to be evaluated individually for copyright status and possibly right of publicity and trademark status. Research who created the...
Is my priority date worldwide the day I filed a provisional patent application, or is it the foreign filing license date?
David's answer
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Answered on February 16, 2021
If everything is perfect, your priority date should hold up in nearly any country who follows the multilateral treaties for patents. While you...
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