Archived
Can I buy licensed disney merchandise on clearance from target etc and relist them for profit on Amazon/or gift theme website?
Bruce's answer
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Answered on March 03, 2013
Yes. This falls under the exhaustion of rights doctrine (first sale doctrine) provided you do not misdescribe your stuff as "new" when it is at...
Archived
I received an infringement letter from an attorney representing " Photo take . " They are asking 4 , 000 .
Bruce's answer
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Answered on March 03, 2013
This shows the folly of self-help when dealing with IP litigation. Now they have your admission to infringement, so it is a slam dunk case for...
Archived
If someone's police mug shot is put on a website, is it legal for the host to extract payment to take it off?
Bruce's answer
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Answered on March 03, 2013
This is a duplicate question. See the answer to your other question and check http://goo.gl/altyI
Archived
If someone's police mug shot is put on a website, is it legal for the host to extract payment to take it off?
Bruce's answer
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Answered on March 03, 2013
So far, yes, but this is under litigation in several jurisdictions. Free speech seems to have won out so far, but the extortionate nature of the...
Archived
JURY CAN THEY?
Bruce's answer
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Answered on March 03, 2013
A copyright is a matter of law, since it exists by law if the item is an original work of authorship fixed in a tangible medium of expression. The...
Archived
What's the best advice for someone who unknowingly bought and sold trademarked/copyrighted headphones?
Bruce's answer
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Answered on March 03, 2013
First, you ARE a lawbreaker. 15 USC 1411 & 15 USC 1125 and others.
Second, fake headphones are not "copyrighted". Copyright protection subsists...
Archived
This a question about fair use laws? Why was I refused service at a copy center?
Bruce's answer
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Answered on March 03, 2013
Use your own copier, not a copy center. Kinko/FedEx or Office Depot or whoever is not going to copy multiple copies of a copyrighted character for...
Archived
Using images for articles and reviews on a commercialized website
Bruce's answer
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Answered on March 03, 2013
Using images for commentary and critique is legal provided you only use the minimum necessary for the review. 17 USC 107 The risk you face is that...
Can I make a painting with a Campbell's soup can in it and not get sued for something?
Bruce's answer
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Answered on March 03, 2013
You might get suied. It is likely illegal if you are using the Campbells brand to sell your product or implying Campbell's I'd associated with your...
Archived
Can I purchase store bought shampoo, to fill my own unique bottle and then resell with my own label?
Bruce's answer
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Answered on March 03, 2013
It's illegal, called "reverse passing off", and violates 15 USC 1125. Why? 3 policy reasons -1) reverse passing off deceives the consumer into...
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