Archived
I want to open a resturaunt but someone else uses the name but they don't have a trademark. Would I be able to open under that
David's answer
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Answered on June 04, 2018
They can have common law rights in their market. Likelihood of confusion will depend on the marks and how close the services are, among other...
If someone references a trademarked logo to make a “realistic” representation/painting; do they have copyright of the new image?
David's answer
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Answered on June 04, 2018
Your terminology saying 'references' and 'realistic' seems more euphemistic than accurate. If the artwork belonging to the Seahawks was used to...
Archived
Can you patent a paint that has a specific application and property?
David's answer
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Answered on June 04, 2018
It's the right subject matter for a patent - a composition of matter. The might be a process too. It would need to be new, useful and non-obvious...
Is the word ARMY copyrighted?
David's answer
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Answered on June 04, 2018
Words aren't copyrighted. As pointed out above, words can be included in registered trademarks. A lot will depend on the other words and the...
Can this quote be used on jewelry? Is it copyright protected?
David's answer
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Answered on June 03, 2018
It's unlikely the Copyright Office database would let you find the quote. If it was in a book, and you knew the title, then you can possibly find...
Can I put movie and TV posters up as decoration in my business?
David's answer
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Answered on June 02, 2018
The answers above are good ones. If you buy authorized posters you can display those items. This doesn't mean you may print you own.
Archived
What can I do when someone names gives their business a name very similar to mine?
David's answer
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Answered on June 02, 2018
It's not clear where you applied for a trademark. It doesn't appear in a Federal trademark search. If you used your mark first, and can establish...
Archived
Do you think there is a chance I will be able to copywrite/trademark this name? If not what should I do?
David's answer
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Answered on June 01, 2018
The above answer is a good one. You make relevant observations but there may be a number of other factors. An experienced trademark lawyer would...
Archived
Can former employer do anything re contact with their clients if no NDA/Non compete?
David's answer
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Answered on June 01, 2018
You don't want an analysis of this situation on a public board. The most obvious cause of action would be misappropriation of trade secrets. No...
Archived
Can I use a brand name nearly similar to a registered one and in the same industry? (the brand is also my last name)
David's answer
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Answered on June 01, 2018
It might be different if you also used your first name. But what you really need is to consult with a trademark lawyer about all the variables. ...
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