I received a certified letter from Nike threatening to sue me over TRYING to import counterfeit jerseys into the US.
Kerry's answer
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Answered on July 02, 2013
Trademark infringement is a "strict liability" offense - you don't have to know you're violating someone else's trademark and you don't have to...
I drew a cartoon version of a famous athlete. Can I sell a tee shirt with the cartoon on it?
Kerry's answer
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Answered on July 02, 2013
Not without the athlete's permission, certainly, and potentially the team or league's permission if the drawing features the athlete in uniform....
Archived
Are we in trademark violation?
Kerry's answer
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Answered on July 02, 2013
Unless you have the authorization of the resort to use its logo in connection with your pickleball games, you could be found liable for trademark...
Archived
Can I threaten a company to sue for false advertising?
Kerry's answer
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Answered on July 02, 2013
No, you probably don't. The company rightly informed you of the storage capacity of the internal memory; the fact that pre-loaded programs and the...
Archived
Is it legal parodying magazine cover?
Kerry's answer
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Answered on July 02, 2013
You should absolutely have local IP counsel review what you're producing - there was a decision not too long ago in the 9th Circuit (California)...
Archived
Question RE: Selling Copyright to Work of Art if I'm keeping some of the rights?
Kerry's answer
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Answered on July 02, 2013
This sounds like a pretty complex IP issue to try to resolve without an attorney; it's almost certainly going to be worth your money to retain...
Reply for CDL from the Coalition to Advance the Protection of Sports logos (“CAPS”)
Kerry's answer
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Answered on June 22, 2013
Don't. Get a trademark lawyer and have him or her answer the letter for you. They're asking you for a list of facts they can use to sue you for...
If someone is kicked out from a band. Does that person have the right to take off media with no written agreement/contract?
Kerry's answer
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Answered on June 22, 2013
When there's no written agreement as to using someone's name or likeness, the default is a right of publicity/privacy on the part of the person in...
I want to make and sell a set of red baby shirts for twins that say TWIN 1 and TWIN 2.
Kerry's answer
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Answered on June 22, 2013
Well, the problem is that trademarks aren't like copyrights - you can't come up with the idea on your own and then use it. With trademarks, they...
Archived
I have a friend who said she was gonna copyright her name? I questioned it.
Kerry's answer
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Answered on June 22, 2013
You cannot copyright a person's name. If the person is famous, there may be some right of publicity involved in the use of the name, while it may...
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