Archived
If I were to "gift" a portion of the donations I recieve through my website back to a random donator every month- is that legal?
Gerry's answer
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Answered on September 19, 2013
Is it a gift or a lottery? You refrained from saying how you would be generating such "donations" so I assume you'd publicize it as if it were a...
Archived
How do I ask permission to use a song when the publisher (as best I can tell) is out of business?
Gerry's answer
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Answered on September 18, 2013
If, in fact, the owner of copyright is not findable, then your problem is that it is an "orphan work." If you search the Web for that term, you'll...
Archived
Our start-up needs trademark help picking a name.
Gerry's answer
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Answered on September 16, 2013
Sounds like your company wouldn't be entitled to register the term as a trademark for the goods because it's merely descriptive of the product and...
Archived
How can I form an online founders program for my company?
Gerry's answer
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Answered on September 16, 2013
Take a look at Kickstarter.com and at Fundable.com.
Archived
What is the legal document that others sign prior to examining intellectual property in order to keep it safe?
Gerry's answer
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Answered on September 16, 2013
It's called a confidentiality agreement. Sometimes it's referred to as a nondisclosure agreement or NDA. But you would preferably include a...
Archived
Do I need an attorney?
Gerry's answer
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Answered on September 15, 2013
Yes, provided that getting your lease renewed and preserving your business reputation are important enough to you that you'd invest in getting...
Archived
What are the real differences for the USPTO between unobvious and novel? Isn't the standard of measurement the same?
Gerry's answer
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Answered on September 15, 2013
To supplement Mr. Townsley's apt answer, novelty involves the legal test in sec. 102 of the U.S. patent law (35 U.S. Code sec.102) whereas...
Archived
I know someone that his/her pictures were used for an album of a very famous musician.
Gerry's answer
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Answered on September 15, 2013
And the problem is?
Was this person's privacy (or maybe right of publicity) harmed? Is s/he seeking to get into a legal battle?
Most likely...
Archived
Is there intellectual property involved with creating custom greeting cards?
Gerry's answer
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Answered on September 15, 2013
The text and graphics are protected by copyright. If the people who author them aren't employees of the company, it will be important to institute...
Archived
Can I get sued for calling clients off a customer list that I created? i no longer work for the agency and was 1099 contracter
Gerry's answer
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Answered on September 07, 2013
You don't say whether you were an employee or an independent contractor when you generated the contacts. That might make a difference. The most...