I ordered rock band patches to sell at shows is that infringement ? I figured they are selling them through a known company
David's answer
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Answered on August 01, 2019
The answers above provide good guidance. The only way to know for sure is to ask the "known Company" for documentation to show the product is...
Do I have to change my Instagram user name due to someone claiming they have a trademark on the name
David's answer
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Answered on August 01, 2019
As pointed out, it sounds like a trademark registration, not a patent. All the facts will need to be evaluated, but if it's true that you started...
Is it illegal for me to make employees wear mascot suits to promote our business
David's answer
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Answered on August 01, 2019
Ignoring any employment law issues -- we'll assume these are employees at will and there aren't any discriminatory aspects -- it depends on the...
Archived
Are brand names copyright?
David's answer
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Answered on August 01, 2019
There are too many ambiguities inherent in your questions. Monetize, for example, could mean almost anything. It's trademark not copyright that...
How many hours would an attorney typically need to negotiate a settlement in an IP matter?
David's answer
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Answered on July 31, 2019
The above answer is absolutely right. From the perspective of a non-California lawyer who sometimes addresses cases in the Central District of...
Archived
Absent a written agreement, what are a separated partner's rights to a partnership's unpublished material?
David's answer
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Answered on July 31, 2019
Band breakups are often troublesome. You should retain a lawyer to go over all the facts and you should also archive documents, like checks and...
Archived
Is using a company’s name (just the name ~ no logo or other identifying mark) on a tee-shirt infringement?
David's answer
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Answered on July 31, 2019
The above answer is correct. But if called upon to defend, you might be able to assert a "nominative fair use" defense. However, it will depend...
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If I recreate famous hats from franchises like ashes hat from pokemon but don't label them as his hat, could I sell it?
David's answer
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Answered on July 30, 2019
It's a tough one. If the original company promotes the hats, it's more likely they can show it is recognized like a trademark. There's also the...
Archived
Trademark registration possible if similar name exists?
David's answer
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Answered on July 30, 2019
Classes are primarily administrative. Likelihood of confusion depends on the actual goods. It also depends on the actual words. Trademark...
Archived
Can I use song lyrics on a t shirt I produce and sell them?
David's answer
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Answered on July 30, 2019
Both answers make good points, If someone else uses one phrase from a much larger whole, the question of whether that taking is enough to be...
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