Archived
Can I use photos of my previous projects taken by a previous co worker, who had given them to me on a usb drive?
David's answer
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Answered on September 20, 2020
There could be lots of complicating facts, but as a general rule, the person who takes a photo owns the copyright. You likely had an express ("you...
Archived
If I see a word/phrase not trademarked but I see someone selling it on a shirt can I just change the font to sell it legally?
David's answer
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Answered on September 20, 2020
Your title question is best answered: "unlikely." The more detailed description leads to "it depends." There are few absolute rules like "change...
I have an idea that I would like to patent. Are there any firms to patent my idea and share the profits (like 50-50)?
David's answer
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Answered on September 16, 2020
There might be, but you need to start contacting firms and asking. It would be kind of a niche -- so the bigger firms are unlikely to do it. The...
Archived
Can I get in trouble or get videos taken down from YouTube if I post videos with Disney merchandise in them?
David's answer
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Answered on September 15, 2020
There's no absolute answer. If it is merely incidental and all genuine Disney products, present because there are "artistic" reasons, the...
Can A Plaintiff Assert Claims For Declaratory Judgement and Compensatory Damages In The Same Lawsuit?
David's answer
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Answered on September 15, 2020
From your description, it's probably permitted. I've heard a judge question joining unrelated parties (Rule 20) in a copyright case, but claims...
Is a clothing trademark specimen with the logo on the front of the shirt in the middle and on a hang tag qualify?
David's answer
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Answered on September 15, 2020
It's not an absolute rule. Probably the hang tag is better because often words on the front of a shirt are there as slogans to convey a message...
Can I use the phrase "Netflix and Chill" on products for commercial use?
David's answer
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Answered on September 14, 2020
It's very risky. If retained to defend, could I come up with arguments for the defense? Probably, but they would just be arguments. The risk...
Archived
Used a social influencers Name and photos to contact companies to “collab” for free products. What should she do?
David's answer
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Answered on September 13, 2020
Retain a lawyer. Fraud is a serious business.
Can I use a laches defense in a trademark civil case?
David's answer
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Answered on September 13, 2020
While it sounds like your facts could support a laches defense, your question on whether your can use it to get a case "dismissed" has procedural...
How much does it cost to file an LOP for a newly filed (but not yet granted) trademark?
David's answer
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Answered on September 12, 2020
Assuming by LOP you mean "Letter of Protest" it isn't something usually done. Suppose you send it in and nothing happens and the registration...
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