Can I use Company-A's trademarked logo in a private sales presentation to Company-A without first getting their permission?
David's answer
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Answered on November 20, 2018
It's probably nominative fair use, and not an infringing use in commerce. Consider the practical aspects -- will they react positively? Maybe a...
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Do I have legal recourse against a competitor who is using my service in a way that breaks my ToS?
David's answer
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Answered on November 20, 2018
As pointed out above, you can have your lawyer send them notice of breach of your ToS. As also pointed out, if they are paying in full, you're...
Purchasing cancelled trademarks still being used?
David's answer
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Answered on November 20, 2018
Common law trademark rights continue for so long as a mark may be used. If the former registrant is in Louisiana I'd want to research the extent...
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What is the damage for losing infringement court case?
David's answer
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Answered on November 20, 2018
You may want to retain a US attorney to consult confidentially about what assets may be subject to a damage award. Statutory damages for copyright...
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Express abandon trademark with rejected SOU on 1(b) basis. How soon should/can I refile with new deadline on 1(b)?
David's answer
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Answered on November 20, 2018
There are too many variables to answer here. Maybe you can petition to revive and file an extension. Maybe you have a fundamental inconsistency...
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Want to do a Disney Princess Meet and Greet. Was wondering what the legalities would be.
David's answer
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Answered on November 20, 2018
As pointed out above, it is hard to see how you would be avoiding use of Disney's marks and copyright in commerce. Charging or even publicizing...
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Can I sell items in the US including copyright/trademarked images but used incorrectly or parodied ?
David's answer
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Answered on November 20, 2018
If you want to be risk free, don't do it. However, depending on the details, you might have affirmative defenses. Copyright (the art) and...
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Can I create a patented product for which I can prove was being sold by the company well over a year before they applied?
David's answer
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Answered on November 19, 2018
The stakes in defending a patent infringement suit are pretty high. If you are correct, the patent may be invalid, but have you looked to see if...
Can I product a product based on an expired patent (a patent from 1957 to be exact!)?
David's answer
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Answered on November 19, 2018
You can look at the newer patent and see if the older one was considered by the Examiner. They do searches, but sometimes miss references or...
Would I lose my trademark if only part of the Goods and Services I put in the application are used?
David's answer
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Answered on November 19, 2018
If you filed an application based on use of the mark in commerce you already signed a declaration that the mark was used on all the goods at the...
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