Archived
Can I make a claim on a provisional patent application that shows less physical strain relative to prior art?
Gerry's answer
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Answered on April 27, 2016
The "claim" of a patent is not the same as the "claim" of efficacy for a drug seeking approval. I wonder if you're confusing the two.
However,...
Archived
Can I resell or give away a piece of clothing bought wholesale if it is not altered or claimed to be my design?
Gerry's answer
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Answered on April 27, 2016
In general, yes.
Provided it meets the flammability standards of the Consumer Product Safety Act and any other requirements of law.
Archived
What legal rights do I have to control the use of original photos I purchased? Can I publish them?
Gerry's answer
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Answered on April 23, 2016
Back in 1943, the copyright laws were rather different from the way they are today. Back then, an image created by an "author" would be subject to...
Archived
How do I make sure I don't get in trouble for showing someone else's product on my videos?
Gerry's answer
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Answered on April 23, 2016
As the world mourns the recent death of Prince, it's illustrative to study the "dancing baby" litigation that arose from an effort to squelch a...
Archived
Can I submit a voluntary amendment to my description of goods and services on the same day that I submit my specimen of use?
Gerry's answer
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Answered on April 23, 2016
I'm afraid you've gotten a bit confused. If the application starts out on an intent-to-use basis, and you later begin using the mark in commerce...
Archived
Could I file the concept portfolio of an app in the us copyright office as a way to deter investors from stealing the idea?
Gerry's answer
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Answered on April 23, 2016
Sorry, but by statute, Copyright does not protect an "idea", rather it protects your expression of the idea. See the Copyright Office circular...
Archived
Can I sell beauty products of well known brands online in my beauty website?
Gerry's answer
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Answered on April 22, 2016
Yes, provided that you acquire genuine goods of the brand and avoid violating any contractual requirements. That is, some brands are distributed...
Archived
Can I trademark this?
Gerry's answer
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Answered on April 22, 2016
There isn't enough information in the question to provide a definite answer.
The legal test is whether your proposed trademark, as applied to...
Archived
Would I do a trademark or copyright infringement by my website name?
Gerry's answer
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Answered on April 20, 2016
From what you say, my view is that the answer is NO. I don't know the underlying facts, and you should understand that this isn't actionable legal...
Archived
Do I still own the rights to this photo, or can they now do as they wish with the low resolution file that I emailed them?
Gerry's answer
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Answered on April 20, 2016
A photographer who creates a unique image automatically owns the copyright in that image as soon as it's "fixed in a tangible medium of...