Archived
How are trademark searches run by a law firm or trademark office? Isn't it nearly impossible to definitively "clear" a mark?
Bruce's answer
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Answered on January 07, 2013
It is actually uncommon for a professionally cleared mark to be infringing on someone else's mark now that almost every business has a website. ...
Archived
Do website administrators / designers have a right to delete website information?
Bruce's answer
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Answered on January 07, 2013
If I understand you correctly, you volunteered to serve as an unpaid employee of the organization in the capacity of website admin and web designer...
Is the Facebook "Like" button trademarked? If users talk about how they "liked" something, can I still name my company "Liked"?
Bruce's answer
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Answered on January 07, 2013
I think you are on a slippery slope to litigation. You as much as admit you want to use "Liked" to free-ride on the famous coattails of Facebook....
Archived
Non-Disclosure
Bruce's answer
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Answered on January 07, 2013
A design patent agreement? That already tells me you are in trouble. Legal Zoom - uh, oh! Quick Patents? patents done quick are generally...
Archived
Do I need to register each aspect of my trademark individually (word, phrase, symbol, or design)?
Bruce's answer
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Answered on January 07, 2013
No, but sometimes that is desirable and gives better protection. It is a matter of cost versus benefit. Some degree of coverage is gained by any...
Archived
Do trademarks arise out of use in commerce by the company, customers or both? does intention to TM matter?
Bruce's answer
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Answered on January 07, 2013
Q:"Do trademarks arise out of use in commerce by the company"?
A: YES
Q:" customers or both?
A: Yes and No. Yes if the use is to refer to the...
Archived
What are the pissibities for punishment for a first time counterfeit offense in Texas for reselling replica watches as replicas?
Bruce's answer
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Answered on January 07, 2013
"Pissibities" - that's too funny. An AVVO classic. Almost porno.
Replicas is often just a polite word for "illegal counterfeit",
If he...
Archived
Is it possible to paint celebrity portraits as non-sale samples to display my craft without violating copyright laws?
Bruce's answer
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Answered on January 07, 2013
Smart of you to ask. Most don't. Contact the agent or attorney for the celebrity (preferably by hiring an Attorney to make that contact) and offer...
Archived
I would like to feature sports team logos and names on a kitchen items. Who do I have to get approval from to do so?
Bruce's answer
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Answered on January 07, 2013
YOU should not seek approval. You should contact an IP attorney with licensing experience, the more the better, and preferably one in Illinois. You...
Archived
Is there any way I can remove some racey photos of me from a porn site?
Bruce's answer
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Answered on January 06, 2013
There are several steps you might take:
1. Since you took photos, you can use the DMCA take down procedures that all major sites have.
2. You can...
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