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If a small business doest have their logo or name registered or trademarked, can someone obtain or buy the rights for the name?
Gerry's answer
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Answered on June 22, 2016
Maybe you are asking whether a small business that has been using a logo or wordmark in connection with its services has rights that could be...
Archived
How do I know if my Trademark Specimen is Correct Before I Submit?
Gerry's answer
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Answered on June 21, 2016
Sometimes the USPTO will assert that the specimen shows the trademark to be a "unitary mark" consisting of the text and logo.
It is desirable to...
Archived
Can I patent a new and modern Credit Union concept?
Gerry's answer
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Answered on June 20, 2016
If you've implemented the concept in computer code, then yes, that software and the screen displays it engenders, would be protected by...
Archived
Do I need a NDA to discuss my issued patent with potential manufactures?
Gerry's answer
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Answered on June 20, 2016
I agree with the comments posted by Attorneys Clapp and Simonelli.
Coincidentally, the Supreme Court today issued a decision on patent law, with...
Archived
General (I am not consulting an attorney) question about determining PD status here.
Gerry's answer
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Answered on June 20, 2016
Your question seems not to be about the U.S. Constitution itself, but instead about the effect of the various copyright statutes enacted by...
Archived
What areas of law apply to selling a dental device?
Gerry's answer
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Answered on June 17, 2016
It sounds like the proposed product would be regulated as a medical device. Read about the pertinent regulations on the FDA's website and consult...
Archived
Can I file an utility patent application with the same material from my provisional patent?
Gerry's answer
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Answered on June 17, 2016
You're already received a lot of important pointers from my colleagues.
To expand on some of the points they've made, see my blog posting at...
Can I used a hashtag (#) in front of a company name, and not infringe on the copyright of a company of the same name?
Gerry's answer
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Answered on June 16, 2016
In general, it isn't copyright that would protect a company name, but rather unfair competition and trademark law. The legal test would be whether...
Archived
On the vagueness of defining "fair use".
Gerry's answer
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Answered on June 16, 2016
You're right.
The reason is that "fair use" is a judge-made concept, a way to create some flexibility in the otherwise-rigid provision as to...
Archived
Can i address some of my book content to a copyrighted website?
Gerry's answer
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Answered on June 14, 2016
Copyright is not intended to prevent you from writing about others' ideas or facts. Rather it protects against your appropriation of the...