Can I use bands dead trademark if previous owner still in business, but didn't revive the mark legally. Can I send them a C&D?
David's answer
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Answered on November 01, 2018
If they are still touring using the name, it's difficult to see how you could sign a declaration under penalty of perjury that no one else is using...
Archived
What if anything should I do about my trademarked brand having the same name as a band?
David's answer
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Answered on November 01, 2018
Retain a trademark lawyer. If you're in completely different products and services there might not be a likelihood of confusion. Your lawyer will...
A old high school that no longer exist or changed there name, does anyone legally own the old name? Is it public domain?
David's answer
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Answered on November 01, 2018
Trademarks, if a high school name would be a trademark, can become abandoned from non-use and intent to not resume use. But consider that most...
Can my boss use a bugs bunny graphic design on top of his bar?
David's answer
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Answered on November 01, 2018
If he doesn't get caught? There's a possibility that there could be a fair use defense but no guarantee. And if he also uses the name for the bar...
Archived
We need to draft up a non-circumvent non-compete for one of our former employees, is there a way to do that through this site?
David's answer
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Answered on November 01, 2018
California has unique rules for non-competes. See Business & Professions Code § 16600 and 16601 .
Can i use the word Rugrats for my logo. it is not the same art or lettering. would it be better if i just called it Rugratz?
David's answer
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Answered on November 01, 2018
You should have a trademark search conducted and get an opinion from a trademark lawyer. If someone already has RUGRATS (or RUG RATS) then the...
Archived
Can I patent a common math tool?
David's answer
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Answered on November 01, 2018
Claims in a patent application are patent-ineligible if they are for (1) a law of nature; (2) a physical phenomenon, or (3) an abstract idea. A...
Archived
Is Trademarking a made-up word clear cut?
David's answer
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Answered on November 01, 2018
It sounds like your usage might be ornamental, not trademark use. If the phrase is on the shirt because of what it says, rather than because it...
Archived
Do I need to plan a different camera moves if I have a new cameraman to film my script?
David's answer
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Answered on November 01, 2018
Filming movement doesn't give rights over the movement, so long as the recording is not duplicated or used to prepare a derivative work. However,...
Archived
Do I need to pay for a technology license for technology that is published in book by the same company?
David's answer
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Answered on November 01, 2018
You say you "purchased" and someone "stipulates." It is possible to have a contract under which you agree to pay a license fee. So it will depend...
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