If I buy a marvel superhero statue at retail and enhance the original art work and sell it as used am I breaking any patent law
David's answer
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Answered on December 21, 2024
Not likely to relate to patents. Under copyright you have pretty broad rights to modify a copyrighted work after a first sale. But under...
What are the trademark rules for using a somewhat common name?
David's answer
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Answered on December 21, 2024
Unless you are something like a florist or arborist, "magnolia" is arbitrary. So it could "automatically" serve as a trademark for unrelated goods...
I purchased a dog from a breeder and shared watermarked images. The same ones she sent me. Can she claim copyright?
David's answer
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Answered on December 19, 2024
If "claim copyright" means can she claim that she owns copyright, then if she was the photographer, then the answer is Yes. If by "claim...
Do I need to respond to a Cease and Desist if I am accepting the terms?
David's answer
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Answered on December 17, 2024
Good answers above. Think of a cop show and the Miranda warning. Anything you say can be used against you. That's why you retain a lawyer. If...
Is it illegal to sell a jewelry design that another company designed?
David's answer
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Answered on December 16, 2024
There are maybe three possibilities for them to have rights. Absent those, people are free to copy. But to figure out if they have patent,...
is it legal to make a hoodie with juice wrld on it without premission ?
David's answer
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Answered on December 15, 2024
I saw this question before and there are good answers, but when it popped up again I was curious enough to look at the public Trademark Office...
Does an entire contract apply to all signatories?
David's answer
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Answered on December 15, 2024
A definition I've used for a contract is a legally enforceable agreement between parties. The parties need to have the legal right to enter into...
How can Walmart sell a pair of shorts under a different brand that look identical to Nike running shorts?
David's answer
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Answered on December 13, 2024
It's complicated. The functional features are free for anyone to use unless covered by a patent. They expire in maybe 14 - 20 years (it varies). ...
Why can't i get a timely response/ final decision to a hearing conducted in the Miami Dade Federal Court held on August 8, 2024?
David's answer
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Answered on December 13, 2024
If your facts are correct, you cannot make a Federal District Judge "go faster." Your description is sufficiently detailed that many of those...
I am a photographer, can I create art using my photographs (landscapes) with the lyrics of different songs added over top?
David's answer
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Answered on December 12, 2024
Good answer above. I would also add that "copying" the lyrics might also be copyright infringement. Your giving "credit" would kind of be an...
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