Archived
I registered a website, and now I received a trademark infringement. If the site is a parody, an I protected?
David's answer
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Answered on May 29, 2018
You might be right, but you might need to prove it in either a domain name arbitration case or in court in a cybersquatting case. Smith v. Wal-Mart...
Can I write a book about Disney for tourists "Greater Than a Tourist- Disney - 50 Travel Tips from a Local?
David's answer
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Answered on May 29, 2018
The above answer is a good one. Do it scrupulously correctly and you should be able to defend if Disney sues you. Take advantage of the Disney...
Archived
Can I get a trademark for this term?
David's answer
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Answered on May 29, 2018
The above answer is a good one. Evaluating a situation like this is why you retain a trademark lawyer -- they know the rules and have the...
Archived
Is it "passing off" to glue things to products and sell them on my online store?
David's answer
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Answered on May 29, 2018
The above answer is a good one. No general answer here could be applicable to all possible facts. Adding glitter to something regularly repainted...
Archived
Trademark name Quesiton
David's answer
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Answered on May 28, 2018
If the goods are bread, the term is generic and can't be a trademark. If the goods have nothing to do with bread, then adding a word may, or may...
Archived
Do I need people to sign a release for commercial use of photography if they are on my own private property?
David's answer
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Answered on May 28, 2018
Your assumption is correct. If they are trespassers your remedy is to sue for trespassing.
Archived
Can I trademark my company name even if there is another company trademarked similar to it?
David's answer
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Answered on May 28, 2018
The answer above provides good examples. The answer to your question is maybe. It depends on a lot of facts.An experienced trademark lawyer has...
Should I trademark a business name before or after the business is functioning?
David's answer
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Answered on May 28, 2018
You can file a Federal Intent to Use Application and your filing date will be a constuctive use date. It will be examined for confusion with...
I know the names Flora and Fauna are used by Disney, but are the names themselves trademarked or would I be allowed to use them?
David's answer
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Answered on May 28, 2018
Characters are problematic. Stories and films about characters are copyrightable. Individual character names wouldn't be copyrightable, but might...
Archived
If I give proper credit to appropriate parties, can I use copyrighted materials in a new digital photo manipulations?
David's answer
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Answered on May 27, 2018
No need is going to be able to "clear" what you propose. The issue will be whether your use is a fair use. nFactors will include whether your use...
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