Should I Seek a Design Patent to Cover My Artistic Design
Feb 18, 2013
This question results from a common myth that design patents cover original artistic designs. A copyright, and sometimes a trademark are better protection unless the design is functional in nature. Thi...
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Can I Use "TM" On a Weak Trademark
Feb 09, 2013
"TM" simply is short for "trademark", so using it is legally the equivalent of saying "that's a trademark" and unless you indicate the trademark is someone else's, "TM" is equivalent to saying "that's ...
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Checklist for starting a Website
Feb 05, 2013
A helpful list of legal issues you need to consider in starting a website. This is not a recipe for avoiding a lawyer, if you use it that way you are making a BIG MISTAKE. The list should, instead, mak...
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Can I Use NFL (or Other Sports Team) Logos Without Permission?
Jan 13, 2013
We get that question about 3-4 times per week here on Avvo in one form or another. At SuperBowl time we get the question about 10 times per day.
NO, NO, NO. You can't, You shouldn't. Don't do it!!
Th...
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Torrent tracker trials and tribulations
Jan 02, 2013
The names change but the story is pretty much the same. "Someone else" used my Internet connection to bit torrent download a film (usually porn) illegally. The file has been deleted. I have (or don't h...
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What Exactly Is "Fair Use"?
Dec 17, 2012
Fair use is NOT exact, so there is no way to tell you "exactly" what it is. It's a judgment call to be made by a Judge based on comparison of your facts with the statute 17 USC 107 [http://www.law.corn...
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How To Ask an Intellectual Property Law Question on Avvo
Oct 22, 2012
Each person's case is unique, but there are definitely some recurring situations in the questions on this site. If you follow these simple rules, you will be able to make the best use out of the foru...
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Patent Law 102
Jul 07, 2012
The law has changed and Patent Law 101 is no longer good law. On 9/16/2011 a major revision was passed that changes the bargain and changes the rules for patents.
Patent 101 says THE FOUNDATION OF PAT...
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Preparing to File a USPTO Trademark Registration Application
May 04, 2012
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In view of a misleading guide written by a cheap supplier of low cost applications, that the preparation issues are:Words, Design, Colors;Date of First Use; "Bona Fide In...
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Can I Remove Facebook or Twitter Posts?
Apr 05, 2012
I get lots of prospective clients contacting me that object that "private" information on social networks, particularly
Facebook and Twitter, has become public, and embarassed or financially damaged t...
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