Can I use images of others (minor) without their consent if it's for a personal website and commercialI?
David's answer
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Answered on November 07, 2018
Avvo is not the place to get legal advice on actual fact situations. That should be done consulting confidentially with a lawyer. So, not looking...
Archived
Hello is it legal to purchase a product from a retailer and rebrand it and sell it in another country?
David's answer
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Answered on November 07, 2018
As pointed out above, it could be reverse passing off in the US, depending on all the facts. That's generally a common law principle so it might...
Archived
Can I use an image from a WWII recruting propaganda poster, or is it still copy-write protected?
David's answer
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Answered on November 06, 2018
We'd need to know more about the poster. 'Government works' are uncopyrightable, but recruiting posters may or may not have been done as works...
If I sell an item containing my poetry, is my poetry still copyrighted?
David's answer
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Answered on November 06, 2018
You're probably fine. Copyright applies once a work is affixed in a tangible medium of expression. If you wrote you poetry in 1978 or after, you...
Archived
What makes a mark distinctive through "substantially exclusive and continuous use?
David's answer
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Answered on November 06, 2018
The answer above makes good points. A lot will depend on the word, the goods and the context. You can keep monitoring or sign up for a trademark...
Archived
Will I be able to have full use of image including commercial use since postcard was mailed before 1923? Please advise.
David's answer
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Answered on November 06, 2018
The general rule under US Copyright is that if a work was published in the US before 1923 the copyright is expired. Theoretically a company could...
Can I use NBA acronym on a website address like "vintagenbashirts.com" ?
David's answer
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Answered on November 06, 2018
As pointed out above, if by "retro" you mean old, collectable shirts, that we're originally sold authorized by the NBA or teams, you may be able to...
Archived
Trademark Infringement Allegation - Us Registered Trademark number
David's answer
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Answered on November 06, 2018
A company can absolutely stop someone from using their mark on a directly competitive product in a second position if there is a likelihood of...
Archived
My brother used my address in NY for his business and now I received 3 subpoena for him and his business but he live in Canada.
David's answer
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Answered on November 06, 2018
As pointed out above the name of the subpoenaed party - person, business, John Doe - will make a difference, as will the court that issued it....
Archived
When trademarking a band name, if the logo is the name as it is with Metallica, do I need to register both the name and logo?
David's answer
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Answered on November 05, 2018
Partly it depends on the name - it might be easier to register the logo. It might be required if there are things like interlocking letters. The...
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