Does having a similar name with a different suffix and meaning count as trademark infringement for a two-word trademark ?
David's answer
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Answered on August 19, 2018
The distinctions you describe may make no difference. Trademark infringement looks to a likelihood of confusion mainly considering similarity in...
Archived
What is meant by 'using the method claimed in my patent?'
David's answer
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Answered on August 19, 2018
Someone from Jonesborough asked a similar question earlier. If you have not changed the product, just the use of the product, that sure sounds...
Archived
If I receive a new-use patent for a product commonly sold, does the manufacturer have to pay a royalty to make the new claim?
David's answer
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Answered on August 19, 2018
If we assume your new use is nonobvious, and you get claim(s) allowed and the patent issues, then anyone who makes, uses, sells or imports...
Archived
Can a company claim copyright/trademark over a vague concept such as "empowerment" tied to a specific type of jewelry?
David's answer
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Answered on August 19, 2018
Short phrases are not copyrightable. You found a registration, but a trademark lawyer would look in more detail at the registration. Principal or...
Is it legal to download images from the internet?
David's answer
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Answered on August 19, 2018
There is at least one case under US copyright law that held that thumbnails linked to posters was fair use. The limited resolution - not a...
Lanham Act statute of limitations when defendant knowingly conceals fraud?
David's answer
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Answered on August 19, 2018
The Lanham Act has no statute of limitations. You look to the closest state statute. Laches and estoppel are affirmative defenses. But the...
Archived
Do I have the right to sell photographs of an item that I used to own but have since sold?
David's answer
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Answered on August 18, 2018
If the copyright is expired, anyone can sell reproductions. Don't imply anything is authorized by a particular railroad, still in business.
Archived
Can ...? Trademark "infringement" claim abuse.
David's answer
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Answered on August 18, 2018
If you can prove the goods are gray market goods identical to authorized goods or that they are authentic authorized goods, you may have a defense...
Archived
Is it legal my co worker take my picture including my work station without my knowledge and pictures out to everyone at work.
David's answer
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Answered on August 18, 2018
There can be claims for invasion of privacy or images that place you in a false light. Of course if watching Youtube during work is not part of...
Archived
Can I use a picture that includes a book that I own to advertise my training?
David's answer
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Answered on August 18, 2018
Using it as a prop, without undue emphasis, might be OK, but not guarantees. Run the actual art past an intellectual property lawyer. You have...
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