How do I file an action seeking a court order to restrain the infringer from engaging in infringing activity by myself?
David's answer
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Answered on September 11, 2015
Do you have a copyright registration? At least a pending application is a prerequisite in every court. If it's 'not worth going to court over'...
Does one need the rights to a song in order to lip sync a performance at a talent show? Would this be copyright infringement?
David's answer
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Answered on September 11, 2015
There needs to be a license to publicly perform recorded music. It is usually expected that the venue needs to have the license.
Can I give an item away for free without infringing on a trademark?
David's answer
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Answered on September 07, 2015
If it is an authentic trademarked item the trademark owner's right to control distribution was exhausted upon their first sale. But deviation from...
Archived
Is it illegal to sell non authentic handbags in any retail store in the state of georgia
David's answer
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Answered on September 06, 2015
It is pretty much illegal to sell "non authentic handbags" anywhere. From the consumer point of view, you are probably only entitled to get your...
Archived
Can a business as a high school dance team to stop using their name, Golden Dolls?
David's answer
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Answered on August 31, 2015
They can ask, but whether they can force a change is a different question. Trademark infringement is decided based on a likelihood of confusion. ...
Notice Of Seziure / NON-Cafra form
David's answer
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Answered on August 30, 2015
The specifics of the notice will be critical. As already observed, you are mixing patent and trademark, but for a standard like Bluetooth they...
Archived
Trade Mark
David's answer
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Answered on August 23, 2015
Trademarks are national. So it is entirely possible that there is a legitimate first user of the mark, in the USA. Unlike most other countries,...
Archived
I bought some pair of glasses from outside the united states and got it shipped through a carrier but was seized by customs
David's answer
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Answered on August 23, 2015
It is unlikely that the seizure would be for something other than a knock off. In very rare instances there could be "gray goods" -- authentic,...
Archived
Need to know if we need to change the name of our publication or if we can just print a disclaimer.
David's answer
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Answered on August 20, 2015
You present only a few facts. Very important will be who was first and in what geographical area. Whether anyone has a trademark registration...
Archived
The title of my book is descriptive of what the book is about, can I patent it?
David's answer
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Answered on August 13, 2015
No. Patents cover inventions-- not book titles. The name of a single book is considered descriptive of the book -- what else would you call it? ...
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