Archived
Can a company have exclusive rights to printing the name of a city on clothing if the city is also the name of their company?
David's answer
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Answered on February 08, 2019
Your description makes other facts essential, and it is likely best to consult a trademark lawyer. This is particularly the case if the reason you...
Archived
If I have a trademarked business name at the federal level and a business does not comply how expensive can the court battle be?
David's answer
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Answered on February 06, 2019
It can be expensive to go all the way to trial. You're also going to have issues about the geographical nature of Asheville and the...
Archived
What constitutes copyright infringement in my situation?
David's answer
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Answered on February 06, 2019
You bring up copyright infringement in your question. A photo done by an employee within the scope of employment belongs to the employer. Assume...
Archived
I am the inventor my partner is a trial lawyer, can he applied for a provisional patent with out being a patent lawyer?
David's answer
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Answered on February 06, 2019
All good answers, but I wonder if by "partner" you mean "coinventor." That could change it if you are both coinventors.
Archived
I altered my city's flag for a tshirt design. Can I trademark the design that I came up with?
David's answer
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Answered on February 06, 2019
I did that for a group in which I am a member. It's probably more a matter of not doing it deceptively than copyright or trademark. The flag...
Archived
How does a TX-based business file a claim against a hospital in LA for a business contract violation?
David's answer
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Answered on February 06, 2019
Some contracts provide for choice of law (which state's laws govern) and choice of forum (in what location a lawsuit may be filed). Read your...
Can I use the abbreviation of my TM even if the abbreviation is a separate TM held by someone else?
David's answer
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Answered on February 06, 2019
The question can't be answered based on a hypothetical. The actual marks and goods need to be considered. Your distinctions might not avoid a...
Can a company be sued for Trademark infringement regarding a hyphen difference in name?
David's answer
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Answered on February 04, 2019
There are good answers above. If you have twenty years' use, you might even have priority, or a defense based on delay, but there are many nuances...
Archived
What are the primary legal issues to be concerned with when writing a "how-to" instruction manual about trademarked software?
David's answer
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Answered on February 04, 2019
As the above answer indicates, there could be issues, or you could avoid infringement. It depends on the detail in what you do. A patent is...
How do i get copyright of bmw using there logo?
David's answer
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Answered on February 04, 2019
If people are only "reporting" trademark infringement, remove the logos. If what you mean is that you received a cease and desist demand from BMW...
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