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I took photos of 11 of the biggest hotels in Las Vegas this summer, and I would like to sell them. Is this legal?
Gerry's answer
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Answered on August 30, 2012
The way I'd analyze this kind of question, I'd seek to determine if there's a statute that makes the proposed conduct a criminal act, or if someone...
When you invent a kitchen utensil, is it more common to get a design or utility patent?
Gerry's answer
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Answered on August 28, 2012
Would you believe there is a legal tool that's somewhat between a regular utility patent and a design patent?
You haven't heard of it because it...
Archived
If an ad has an image and does not says it's a trademark or TM or anything like that can I use it? Can I use something similar?
Gerry's answer
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Answered on August 28, 2012
For actionable legal advice that analyzes your potential liability for a particular course of action, one should engage an attorney with expertise...
Archived
Trademark Consent agreement.
Gerry's answer
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Answered on August 26, 2012
The simple answer: Have an attorney experienced in trademark matters draft the consent agreement.
Is it possible to file a complaint against the USPTO for gross negligence?
Gerry's answer
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Answered on August 25, 2012
What you describe is a pitfall that Congress introduced into U.S. Patent Law by the so-called "American Inventors Protection Act" a dozen years...
Do I need to continue with a non-disclosure agreement going forward?
Gerry's answer
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Answered on August 22, 2012
It depends on what the meaning of "need" is.
If you're confident that your provisional patent application discloses every element that might be...
Archived
I want to design a plastic item for the medical field .I want to file a design patent .do I have to file a utility patent..
Gerry's answer
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Answered on August 21, 2012
Good news. You get to choose what legal tool(s) to use to protect your design. A "design patent" protects the mew and nonobvious "look" of a...
Archived
Can the use of a foreign word in a TM create a likelihood of confusion?
Gerry's answer
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Answered on August 21, 2012
Yes, in general the use of a word in a foreign language may create a likeIihood of confusion.
Use of a trademark on a product may create "common...
Archived
Can i patent a word like (taxi sunnyvale) or copy write.
Gerry's answer
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Answered on August 21, 2012
No, neither patent nor copyright is available to create a legal right in a term such as "Taxi Sunnyvale."
Also, the examples you gave would...
Why is it legal for people to create trivia games of other peoples trademark?
Gerry's answer
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Answered on August 16, 2012
Perhaps you meant to ask "what are the conditions under which creating trivia games that use trademarks of others would be legal?"
One such...