Archived
Do i have any legal right to sue USPTO for rejecting my international application for industrial design, not by my fault?thanks
David's answer
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Answered on January 18, 2019
Do you have a right to sue? Yes, but you stand an excellent chance of losing. If you're right, your best remedy would be a Petition to Revive in...
Archived
Am I free to sell this product that used to be under license?
David's answer
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Answered on January 18, 2019
If you've been sued, you'd better sort it out first. Distribution would depend on the terms of the license under which the books were reproduced,...
I manufacture toy figurines and accessories my brand name is trademarked. how can I copyright the toys and packaging?
David's answer
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Answered on January 18, 2019
Copyright ownership will depend on who did the original sculptures. If you are the artist, you own it and can register. If an employee (figure it...
Archived
Am I responsible for paying to file my songs co-writer with my publishing company?
David's answer
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Answered on January 18, 2019
You're paying the publisher? It sounds like you will need to pay a share if royalties received to the co-author, so you'll need to keep track and...
Archived
How can I legally stop someone from editing and selling my film that they do not own?
David's answer
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Answered on January 17, 2019
It's not at all clear what's going on in the lawsuit. If it is a breach of contract case in state court, you might have a way of having a remedy...
Can i register and use a Trademark which is showing Dead on USPTO search ?
David's answer
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Answered on January 17, 2019
Technically, that means the application was abandoned, procedurally. If there was a mark being used and it is still being used, it may be not...
Can you buy an abandoned trademark(s) and use them?
David's answer
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Answered on January 17, 2019
The answer above is a good one. Here's a practical observation: if the mark is abandoned, then you don't need to "buy" it. By definition, if it...
Archived
Can I write the court directly if I am sued in Minnesota to request the case be dismissed since it was filed on a false premise
David's answer
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Answered on January 17, 2019
The court will require you to file things following the Court's rules. A motion to dismiss needs to allege pleading defects sufficient to find that...
Archived
A youtube channel was given permission from an IP holder to make a fan film. IP holder has now seized the film & won't release?
David's answer
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Answered on January 17, 2019
Get a confidential opinion from a lawyer familiar with copyright law. Of course all computer drives containing the film could be seized if there's...
Archived
Copyright infringement on photos used by a small NGO?
David's answer
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Answered on January 17, 2019
The above answers are good ones. Additionally, though, you mention Creative Commons. If the source of your images is on Creative Commons, then...
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