Archived
Can i still go forward registering service mark my name if someone else just file for trademark and even stop them from using?
David's answer
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Answered on January 12, 2018
The above answers are good ones. If you can prove those facts, it will help, but there are a lot of variables that also require investigation and...
Archived
What do I do if I want to use a song, for transcription purposes.
David's answer
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Answered on January 12, 2018
It sounds like a pretty decent fair use defense coul to presented under those facts. But you should evaluate all four fair use factors. A...
Archived
Can I enforce a trademark infringement if I have not registered my trademark?
David's answer
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Answered on January 12, 2018
If you can prove those facts common law trademark rights should provide you with a remedy. There could be a lot of variables if there are other or...
Can I paint and sell artworks 'inspired by' an NFL team ( a collage of players) Not using their name or official protected logo?
David's answer
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Answered on January 12, 2018
The above answers are good ones. It is probable that the teams for which there would be demand are those who are most aggressive in enforcing. In...
Archived
I want to either have a single company LLC with 4 individual online clothing brand names that I want to trademark each brand.
David's answer
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Answered on January 12, 2018
From a trademark law standpoint, it would probably be easier to manage one legal entity owning multiple trademarks. LLCs, corporations and...
Archived
Can a hedge fund sue another fund for stock pick infringement if their stock profile is passively public and plagiarized?
David's answer
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Answered on January 12, 2018
The above answer is a good one. And a substantive "Yes" or "No" (other than Yes they can sue, but not necessarily win) is not possible. A lot...
Can a movie production company including pornography charge an entry fee for auditions?
David's answer
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Answered on January 11, 2018
It doesn't sound like an intellectual property or entertainment law question. I would imagine that a local attorney could advise you about whether...
Archived
Natural Language ambiguity in patent applications?
David's answer
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Answered on January 11, 2018
The answer depends on the claims and what the words mean to one of ordinary skill in the art with reference to the specification and compared to...
Archived
Hello i have a question i do printed shirts with my orignal designs
Wanted to know if or do i need it copyright or trademarked
David's answer
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Answered on January 10, 2018
Probably Copyright not Trademark. Copyright covers works of the visual arts. Trademark is for a word or symbol that identifies you as the source...
Can i use a copy/photo of a magazine cover on my website?
David's answer
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Answered on January 10, 2018
As the other answers point out, there is significant risk. I wouldn't say it's quite as absolute if you only show enugh to bring the magazines ne...
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