Archived
I have a program idea written down and saved with the date of 9/15/17 When copyrighting it now in 2019 can I?
David's answer
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Answered on March 26, 2019
You can't copyright an idea. You can copyright a particular embodiment -- a particular way of describing the idea (sort of). The year of creation...
Archived
What is the easiest path to rectify this situation?
David's answer
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Answered on March 26, 2019
You can't have a 'brand' without trademark or service mark rights. Those are based on use as a mark to identify the source of goods or services. ...
Archived
Can I reproduce and sell a magazine advertisement from 1921 featuring a Coca-Cola ad with the Coca-Cola signature trademark?
David's answer
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Answered on March 26, 2019
The above answer is a good one. Let's assume you're right on copyright -- that's what all the recent literature says. Trademark infringement...
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Do I need to get a trademark for the name of a workshop I facilitate? I definitely don't want anyone else to use it.
David's answer
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Answered on March 25, 2019
It's not clear where you would "invest" $300. A single class Federal application costs less than that. If it's through a paralegal service,...
Archived
Received a cease and desist letter, I do not agree that I have been providing services or infringing on a trademark?
David's answer
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Answered on March 25, 2019
It is best to have an attorney respond. You might make admissions that come back to haunt you if you do it yourself and an attorney would be able...
Can i buy retail clothing that is blank with no graphics/Artwork on them and place my logo on to them and sell them?
David's answer
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Answered on March 25, 2019
It is going to depend on the whole message conveyed to consumers and each case is decided on its own facts. Under the "first sale" doctrine, you...
Can I use 3D text font similar to Superman?
David's answer
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Answered on March 25, 2019
If you use the same font and the word Super it sure would seem you are looking for trouble.
What does "Application status is Abandoned" after a patent has been assigned to a company?
David's answer
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Answered on March 24, 2019
It sounds more like the application was abandoned, rather than some non-patent thing happening after grant. Retain a patent lawyer interpret the...
Archived
I have a little shop here in Kansas and I was thinking to sell inspired design like LV,Gucci etc would it be problem to sell it?
David's answer
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Answered on March 24, 2019
"Inspired" is often a euphemism for "counterfeit", like "replica". If it is hard to distinguish what you sell from the original it could cost you...
Archived
Will I be infringing on a trademark with a business name that shares the same first half but second last half?
David's answer
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Answered on March 23, 2019
What you call the second halves have little trademark significance. You should probably be sensitive to the probability that a beach front...
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