Archived
Can I file for a trademark when someone is using the name for they company (not registered with USPTO)?
David's answer
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Answered on July 19, 2019
It depends on their goods and yours. Trademark rights arise from use. If they used theark they have rights for that mark, on this goods, in the...
Archived
Can you use an image off the internet, of a celebrity, fro amovie ,on a t-shirt, hat has been changed into an animated drawing?
David's answer
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Answered on July 19, 2019
A right of publicity covers a name or likeness. Plus someone owns copyright in the photo.
Archived
Trademark registration and cancellation
David's answer
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Answered on July 19, 2019
On the "application side" your date of first use will not have weight. The Examining Attorney only looks to the filing date. You will need to...
Copyright infringement if someone copied and slightly modified my own product design/digital drawing that I sell online.
David's answer
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Answered on July 18, 2019
Copyright exists in an original work of authorship once it is fixed in a tangible medium of expression. You can't go to court until you have a...
Archived
Can I sue a car company that stole my car design style?
David's answer
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Answered on July 18, 2019
If it's been a couple of years it's too late for a design patent. Copyright generally could cover art, not a useful item, but there was a case a...
Is it possible to tweak utility patent and refile a new patent around the concept after the original patent expires?
David's answer
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Answered on July 18, 2019
It would have to be a non-obvious change and the claims, basically, couldn't recapture the old invention.
Archived
What does a buyer need as proof of a bought copyright if original author sells rights for use?
David's answer
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Answered on July 18, 2019
It depends on what the signed document says. If the language is for, for example, a license, not an assignment, then it doesn't transfer ownership.
Can a logo be different than company name?
David's answer
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Answered on July 18, 2019
If we assume that both the logo and the word mark are distinctive, there is no requirement for relation. Imagine the two surnames combined in...
Archived
In Chicago Il , is it legal to record TV installer ( Geek Squad) inside your house ?
David's answer
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Answered on July 18, 2019
A quick look indicates that in Illinois, eavesdropping requires consent of both parties, but consent may be implied. People v. Ceja 204 Ill.2d...
Archived
Whether any individual lawyer or law firm can provide patent investigation and evaluation services?
David's answer
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Answered on July 18, 2019
Most intellectual property law firms provide patent investigation and evaluation services.
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