Archived
Someone produced creative work for my company. No written contract. Pmt amt in dispute. Can he prevent us from using that work?
Bruce's answer
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Answered on November 06, 2014
Likely he can unless "someone" was an employee at the time he produced the work. You might claim an implied license and argue that the pmt amt is...
Archived
Hi - I am trying to figure out if my aesthetic modification for yoga towels qualifies for a design patent.
Bruce's answer
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Answered on November 06, 2014
A design patent would be one form of IP to consider and might be available if a sparkly bidder would be deemed ornamental and not obvious. I...
Archived
Can i abandoned parent trademark application but keep child application?
Bruce's answer
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Answered on November 06, 2014
No. There is no cross dependency for viability. You just lose the added scope of protection the other application would provide if it were...
Can I charge an oil company to use an easement on my land?
Bruce's answer
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Answered on November 06, 2014
This relates to real property, and its Not an IP question.
Archived
Could I sue wall mart for false advertisement with this?
Bruce's answer
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Answered on November 06, 2014
You have no case, it appears. He said, she said will not get you there. The "little piece of cardboard" is too vague to know what you actually...
Archived
Can I make a app or web page for sports using the team names its more of a fan app.
Bruce's answer
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Answered on November 06, 2014
There is no "its more of a fan app" defense to trademark infringement. What you describe is attempting to confuse consumers as to source or...
Archived
If I find an item in use for house wares but find a different use for it in pets. Is that a patentable?
Bruce's answer
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Answered on November 06, 2014
That would seem to have subject matter patentability under 35 USC 101as a method of use, but whether it would be unpatentable due to anticipation...
Archived
Can i use the name Blue Jedi Pool Services?
Bruce's answer
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Answered on November 06, 2014
What other meaning is there for JEDI than that of a character in STAR WARS? Answer: NONE. This is slightly better due to the addition of BLUE, but...
I want to use the Diamond (shield portion) of the superman logo.
Bruce's answer
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Answered on November 06, 2014
You will have two problems.
My colleagues alluded to one - the potential that WB will see this as infringing on the Superman logo and sue you....
Archived
Can I take pictures of an item I am selling that shows the manufacturer logo and post them in my eCommerce store?
Bruce's answer
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Answered on November 06, 2014
Yes, you can take pictures of items you have for sell and post those images. Millions of people do that every day on eBay without asking the...
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