Can I have a similar, but not identical, business name as a similar business in the state of Washington?
David's answer
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Answered on November 22, 2017
The answer above is a good one. I expect when you say "trademarked" you mean the mark(s) are not registered as trademarks, or service marks. If...
I've remixed my own tea blend & I wanted to know would it be illegal if I was to pursue selling it myself ?
David's answer
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Answered on November 20, 2017
It appears from your question that you have made up the name Enigma to identify tea you will be selling. First, you should do a trademark search...
I understand that using Cowboy Tough may be trademark infringement. How can other businesses use Cowboy Tough and not infringe?
David's answer
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Answered on November 19, 2017
You can do your own trademark search on uspto dot gov. Some words or phrases can be trademarks if they are used as trademarks -- basically to...
How did the Fox News sample clearance work on the song "BLOOD." by Kendrick Lamar?
David's answer
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Answered on November 16, 2017
The short answer is that the same model for clearance would apply. Typically a performer doesn't own their performance. The rights holder is...
Archived
Can a phrase be called a poem in order to be copyrighted?
David's answer
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Answered on November 16, 2017
I assume when you say the writer has a copyright you mean she has a copyright registration. If this is the case and if the long phrase is part of...
Archived
Dear Sir/Ma'am
I was wondering if you can take a screenshot or picture of a movie film scene. This movie is dated 1953. ?
David's answer
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Answered on November 15, 2017
If the film is the subject of a copyright registration - no reason to believe it's not - then making a derivative work could be infringing. There...
Archived
How to understand trademark and copyright law?
David's answer
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Answered on November 15, 2017
Good questions. The answers are complicated and there are also design patents. Q: Apparently simple phrases like "country girl" are being...
I need help! My LLC recently got named in a copyright infringement case? Read the description..
David's answer
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Answered on November 14, 2017
All these answers have good ideas. Contact one if us in your home state. Don't mess around hoping a lawsuit will go away.
Archived
Can I print a state name like 'Nebraska' on, say, a cup, in the colors of the University of Nebraska (red cup with white print)?
David's answer
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Answered on November 13, 2017
The above answers are good ones. Color combinations can be trademarks and the test will be whether what you do causes a likelihood of confusion....
Can I recreate an online course I took a while ago?
David's answer
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Answered on November 11, 2017
It is possible to recreate without infringing, but it would be a somewhat demanding exercise. Because 'ideas' are not copyrightable, in theory you...
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