If i create an action figure from my own design do i need a patent if I want to shop it to Toy companies and/or sell it myself?
Gerry's answer
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Answered on July 05, 2016
Attorney Tencza has identified the various tools of intellectual property that might be available for your subject mattter. It is highly advisable...
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What is the best way to publish a song/movie/book/... independently with the help of major publishing companies?
Gerry's answer
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Answered on July 01, 2016
There are a variety of strategies employed by independent (indie) film producers. One is to get it shown at film festivals, which are visited by...
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Do I need a lawyer to obtain copyright permission to produce posters?
Gerry's answer
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Answered on July 01, 2016
Your first step could be to read the book Getting Permission published by Nolo Press. ...
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Can I own a video production made under the provisions of the "fair use doctrine?"
Gerry's answer
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Answered on July 01, 2016
As my colleagues have pointed out, there is a difference between ownership of copyright (a sword) and the "fair use" defense (which would act as a...
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What Is The Likelihood Of A Trademark Application Being Rejected For Being Too Descriptive?
Gerry's answer
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Answered on June 30, 2016
Please understand that a trademark is registered for specific goods or services. Without identification of the goods or services with which the...
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Startup Companies, Venture Capital, and Financing
Gerry's answer
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Answered on June 27, 2016
Yes, both federal securities law and California securities law would be pertinent. Violating securities law can be painful. Find experienced...
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How can one get a US patent on a product Idea, manufactured and sold in china that does not have a US patent?
Gerry's answer
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Answered on June 27, 2016
A "very similar product" would be part of the "prior art" even if it's made in China. A claim in a U.S. patent would need to recite a product that...
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Copyright issue
Gerry's answer
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Answered on June 27, 2016
You should consult a local intellectual property attorney for actionable legal advice on the matter.
Ask whether the legal principle protecting...
Archived
If I have a Trademark for fabric wall hangings, will that cover paper wallpaper? They are different classification numbers.
Gerry's answer
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Answered on June 24, 2016
So one hypothetical is that someone has a federal trademark registration for "fabric wall hangings" and you propose to sell paper wallpaper with...
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If a small business isn't registered, trademarked, or copyrighted, anyone can register the business name or logo?
Gerry's answer
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Answered on June 22, 2016
If the person you identify as "anyone" has knowledge of the prior usage of the trademark by the "small business" (even though not registered), then...