Questions answered by David C. Brezina

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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 | 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,...

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Need to know if we need to change the name of our publication or if we can just print a disclaimer.

David's answer | 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...

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The title of my book is descriptive of what the book is about, can I patent it?

David's answer | 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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I have another company using the same business name as we are. They are within 20 miles from our location.

David's answer | Answered on August 09, 2015

Preserve the evidence you have showing the nature and amount of your advertisement of your business name and any instances of confusion. Cases are...

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Trademark Conundrum

David's answer | Answered on August 07, 2015

No. You are not required to use the symbol. Using TM or not is optional.However, your facts bring up many other complex issues. You should...

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What type of license do I need to use college and Professional sport logos for my own sport apparel company?

David's answer | Answered on July 12, 2015

College teams have a little different structure, but you will also need a license. Where there is a conference whose members are in demand, you...

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What should I do with a patent infringement letter?

David's answer | Answered on July 01, 2015

You should hire a competent patent attorney to look at the specific facts. Also preserve all evidence of what you were selling in 2002. If it is...

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Is my business name similar enough to be trademark infringement?

David's answer | Answered on June 27, 2015

In addition to the above answers, which are correct, note that trademark and service mark rights are primarily "common law" rights that start based...

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How do I know if someone has grounds for a trademark/copyright infringement against my business?

David's answer | Answered on May 14, 2015

If they threatened you with a "trademark/copyright" lawsuit, understand that they are not the same thing, but they might be complementary. You can...

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Patent Infringements

David's answer | Answered on May 12, 2015

You definitely need a patent attorney familiar with interpreting patent infringement situations -- if you are making, using or selling your...

David C. Brezina's Answers (7544)

I bought some pair of glasses from outside the united states and got it shipped through a carrier but was seized by customs

Need to know if we need to change the name of our publication or if we can just print a disclaimer.

The title of my book is descriptive of what the book is about, can I patent it?

I have another company using the same business name as we are. They are within 20 miles from our location.

Trademark Conundrum

What type of license do I need to use college and Professional sport logos for my own sport apparel company?

What should I do with a patent infringement letter?

Is my business name similar enough to be trademark infringement?

How do I know if someone has grounds for a trademark/copyright infringement against my business?

Patent Infringements