Archived
Will I infringe on existing Trademark if my business name, spelled one letter differently, submits a trademark application?
David's answer
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Answered on May 04, 2019
While those are good questions, most are impossible to answer in the abstract, other than, if the goods are the same (you say they're not) and the...
Archived
Cease and desist response options?
David's answer
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Answered on May 04, 2019
Retain a trademark attorney right away. Yes, ask for more time, but only more time to respond to their allegations. Your facts raise questions...
Archived
Trademarking my Youtube name
David's answer
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Answered on May 04, 2019
It's a common myth that you can have a 'brand' without a trademark or service mark. If you can establish you advertise services in commerce under...
Archived
Can filing a provisional patent application hurt?
David's answer
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Answered on May 03, 2019
Those are good answers above. Maybe the best way to think of priority is to connect the date to the subject matter disclosed. If you file on A...
Archived
How can I stop a third party from squeezing me out of a business I own with my grandmother?
David's answer
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Answered on May 03, 2019
Elder fraud and exploitation is a big problem. It will most likely be decided under Alabama law, assuming that's where you are all located. Not...
Archived
When a person has an ideal and has it notarized, and certified mailed to himself. what protective rights does that person have ?
David's answer
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Answered on May 03, 2019
You have a document with a date on it. There's an old myth that mailing it to yourself 41 years ago was copyright publication, unnecessary since...
Archived
Can I contest a trademark?
David's answer
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Answered on May 02, 2019
As a general rule, whoever uses a mark first is the one who has superior rights to it. In rare cases, non-trademark use can be "tacked" to...
Archived
Can a silhouette of a celebrity or artist, such as Prince or Madonna, be used t make pins, shirts, et al, for personal profit?
David's answer
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Answered on May 02, 2019
If it's an identifiable likeness it could violate a right of publicity. The phrase "changes ... in ways that do not directly infringe ..." might...
Is a still infringement if I voluntarily removed copyrighted material I posted to a website, without the owner demanding it?
David's answer
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Answered on May 02, 2019
There's a three year statute of limitations. Don't post any more public admissions of infringement. Retain a lawyer to explore available defenses.
Archived
Can I use a cartoon or cancer symbol in a logo when starting my own small business?
David's answer
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Answered on May 02, 2019
You shouldn't use art that was created by someone else and you shouldn't use symbols that are used by organizations as trademarks. So it depends...
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