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Does website C own rights to A's content even though it's illegal to post/publish it? Or is the transfer of rights not available
Gerry's answer
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Answered on January 24, 2016
Under the hypothetical scenario you pose, yes, there is no doctrine of which I am aware that would deprive A of his U.S. copyright in the libelous...
Archived
Would Crowdfunding efforts for an invention/project destroy a chance to apply for a patent?
Gerry's answer
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Answered on January 24, 2016
I agree that the questioner should consult a registered patent attorney for confidential advice on this kind of situation. I would add that the...
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How I can be compensated for the money being made off of my artwork without my permission?
Gerry's answer
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Answered on January 24, 2016
Well, it seems like you've already taken the most expedient steps with regard to this particular website. Or is it your belief that they've already...
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Does a trademark have to be previously used in commerce in order to be licensed?
Gerry's answer
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Answered on October 09, 2015
Gee, as I read the question, it feels as if I'm playing Twister. I'm unsure what result you're seeking to accomplish.
Trademarks are tricky,...
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Is there a way of checking if a "zipadeezip" patent has been filed in Europe? They are special sleeping bags for children.
Gerry's answer
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Answered on September 13, 2015
Beware that patent applications in Europe are secret during the first 18 months from filing. So if a patent application for a given product is...
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If you file a provisional patent and someone comes and files a non provisional right after yours what are your rights?
Gerry's answer
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Answered on September 13, 2015
The good news is that Robert is right.
The bad news is that many Provisional Patent Applications aren't written with the care and completeness...
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Do my local patents apply only in terms of territory of producing the item, and can I sell it worldwide without concerns?
Gerry's answer
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Answered on June 09, 2015
A U.S. patent provides the exclusive right in the United States to make, use, sell or import the patented product. If the product is made outside...
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I want to Trademark my clothing brand. (Sports related goods) called "Second II None Apparel/Second II None Sports Apparel
Gerry's answer
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Answered on March 23, 2015
Sorry, but I must agree with Mr. Lang. The doctrine is "first in time, first in right."
And the slight change you are discussing wouldn't be a...
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If I do business globally, what sort of legal document do I need if I want to charge a commission for my services?
Gerry's answer
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Answered on March 23, 2015
It looks like you'd want an agreement that sets up your business as a broker and includes provisions that would be breached if the other party...
When is it ok to use an abandoned trademark in the same field as my potential product?
Gerry's answer
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Answered on March 23, 2015
Messrs Lang and Kelly have done a great job answering this question. I admire the clarity with which some of my colleagues helpfully provide...