Archived
I would like to know how to find out what cartoon images from any company are free to use for commercial resale ?
David's answer
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Answered on February 16, 2020
The only general rule is that for copyright they're in the public domain if they are from before 1925. For trademark you'd need to do trademark...
Should i register my trademark in France (INPI)
or in the United States (USPTO) ?
David's answer
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Answered on February 15, 2020
Register where you may want to enforce. File in your home country first and claim priority on that application when you file in the USA. You'll...
What is the difference between a transformative and derivative work?
David's answer
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Answered on February 15, 2020
Derivative work is the genus, transformative works are one species. Derivative just means 'based upon' and having some of its own originality. A...
Clothing brand name based on common phrase. Trademark/brand infringement?
David's answer
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Answered on February 14, 2020
This can't be answered on Avvo. Likelihood of confusion depends on the actual goods and marks, including the strength of the marks. You describe a...
Can I lose a patent that was provided notice of allowance if I submit a CIP?
David's answer
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Answered on February 14, 2020
Pay the issue fee and promptly afterward file the CIP. It takes a while, after payment, for the patent to issue. You should get notice of when it...
Archived
Is it legal to change some lyrics of a famous musical song. And use it if full credit is given to org composers.
David's answer
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Answered on February 14, 2020
It sound like a derivative work that couldn't be done without a license from the copyright owner, assuming it's post 1925.
Archived
In cases of copyright infringement, does the copyright holder ultimately own the infringing material?
David's answer
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Answered on February 14, 2020
The plaintiff needs to prove they own it before they can win. If someone else owns it, the plaintiff loses.
Archived
Is it illegal to shoot a store photo ?
David's answer
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Answered on February 14, 2020
It depends. Shoot a photo from a public sidewalk across the street from a store front? Probably not a problem. Go into a store and you are...
Archived
Can I sell a picture of a box if the brand is blocked and blurred?
David's answer
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Answered on February 14, 2020
There isn't a magical answer that applies to all cases. Do a portrait of someone, get a release from the model, include the package solely as...
What is the copyright legality behind reading Reddit posts/comments on Youtube? Can they be copyright striked?
David's answer
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Answered on February 14, 2020
The answer above is a good one. Write an original work of authorship and it is copyrighted. (Reddit) Create a derivative work and its a...
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