Archived
A TM challenge has been made but no paperwork has been served yet. Date is coming up on the TTABVUE site though. What to do?
David's answer
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Answered on May 22, 2018
You should retain a trademark lawyer. The above answer gives you some basic guidance to how service of a Cancellation should work, but the...
What is "other publications" in the patent?
David's answer
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Answered on May 22, 2018
The above answer is a good one. When you say "saw a link to my product on the Internet" it is not clear whether this was something put there by...
Archived
Does using “Spy Academy” as the title of a website count if there is a trademark registered called “The Spy Academy” ?
David's answer
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Answered on May 21, 2018
Adding the word "the" would not be likely to avoid an infringement claim. One court said "In any likelihood of confusion analysis, two key...
Would I be in trouble selling my class notes online? ?
David's answer
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Answered on May 21, 2018
Chances are you could sell study guides written by you. Copyright exists in works fixed in a tangible medium of expression. A straight lecture...
Archived
Vocal recordings not given credit?
David's answer
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Answered on May 21, 2018
It would be a tough one, unless your voice is so distinctive that it is recognized as you. Failure to give credit, or giving incorrect credit,...
Is there any trademark infringement claim on what's considered a generic logo?
David's answer
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Answered on May 21, 2018
The above answers are good ones. "Generic" is a term of art. A "generic logo" would, by definition, be one that is not legally capable of...
Can I buy an expired domain name?
David's answer
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Answered on May 21, 2018
The above answers are good ones. Domain names are merely registered by registrars and if truly expired would be available for someone else to...
Archived
If I trademark a name for a computer program, will I maintain ownership if I haven't started using it and someone else does?
David's answer
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Answered on May 21, 2018
If you file an Intent to Use application you have a constructive used ate effective the date of filing. You cannot get a registration until you...
Archived
What does it meant to have a default by clerk against defendant?
David's answer
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Answered on May 20, 2018
The answer above is a good one. If you are the defendant it means you should retain a lawyer immediately. The documents in court show you were...
Archived
Is it ever legal for an attorney to teach a client how to hide information from the Freedom of Information and from discovery ?
David's answer
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Answered on May 20, 2018
The previous answer is a good one. Your question is leading. Certainly a lawyer should determine, for example, if the document meets an...
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