Archived
My attorney submitted a trademark for me at the cost of $750 and it came back denied. should I pay another $750 to resubmit?
Benton's answer
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Answered on September 26, 2017
If you resubmit the exact same application, it will probably be rejected for the same reason. I would recommend working with an attorney to...
Archived
Is this legal to do without my permission?
Benton's answer
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Answered on September 26, 2017
Based on this description, it appears you do not have a copyright protected work. If two people observe the same incident, each can tell the story...
Archived
In responding to an office action likelihood of confusion - can I use this as an opportunity to respond to t-mark infringement?
Benton's answer
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Answered on September 26, 2017
I agree that there are several legal issues here and there is not a simple answer. A trademark infringement lawsuit would be a separate...
If signing a book contract, do I need to do so in my individual capacity to be named as the author and copyright owner ?
Benton's answer
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Answered on September 26, 2017
Unfortunately, this question cannot be answered without reviewing the contract. The contract may contain representations and warranties relating...
Could i use a chicago bears symbol?
Benton's answer
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Answered on September 26, 2017
You cannot lawfully sell products with the Chicago Bears' trademarks. You may be able to sell wax pellets in the colors of the Chicago Bears, but...
Can my students legally use images of super heroes such as superman and spider-man in the pages of a yearbook without a license?
Benton's answer
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Answered on September 26, 2017
Printing copyright-protected superhero images in a yearbook is highly unlikely to qualify as an educational fair use exemption. That exemption...
Archived
Do companies pay for mark changes?
Benton's answer
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Answered on September 26, 2017
This is actually fairly common. I've seen several well known brands pay small sums of money to have a small business change its trademark. A...
Archived
How long does it take for an attorney to review a potential defender for a patent lawsuir?
Benton's answer
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Answered on September 19, 2017
The time to review patent infringement lawsuits can vary significantly. Patent law can be one of the most complex areas of the law. If the...
Archived
Can? You repackag a product at the website first quality and put your own name own name own this certain product
Benton's answer
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Answered on September 19, 2017
It depends on the product and the associated rights. There is a risk you may be liable for reverse passing off by removing someone's trademark and...
Can I use some movie scenes in my video song.
Benton's answer
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Answered on September 18, 2017
Yes, you should obtain permission to use the movie scenes in your video. You should also register the copyright for your own video once you create...
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