Archived
Can an author use an original drawing that is of the likeness of a political figure on the cover of a book to be sold?
James's answer
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Answered on August 30, 2011
I assume from your question that your book will include commentary on the politician you intend to caricature.
The First Amendment give broad...
Archived
What happens if you use the 'TM' with your brand or name, but do not pay for it?
James's answer
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Answered on August 30, 2011
The "TM" is displayed next to a mark to indicate that you claim to have common law trademark rights in that mark. Whether you actually have...
Archived
Can anybody help me to develop my search engine?
James's answer
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Answered on August 30, 2011
Please note that you have one year from the filing date of your provisional patent application to file a non-provisional patent application (or any...
Archived
How do I professionally not answer questions that are better answered through formal discovery?
James's answer
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Answered on August 27, 2011
The purpose of a meet-and-confer is for the parties to try and resolve their discovery dispute without having to file a motion with the court. It...
I filed an Application for Patent online and made two mistakes 1) I mistakenly checked "design patent" instead of "utility paten
James's answer
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Answered on August 27, 2011
You appear to have four options.
First, file a petition correct the filing error regarding the type of application, pay the difference in...
Archived
Which law from California Rule of Evidence Code and Federal Rule of Evidence is used to request judicial notice for letters?
James's answer
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Answered on August 27, 2011
Judicial notice is a way for the court to accept commonly known facts, or facts of public record, without having to submit evidence to prove that...
Can a deposition be rescinded.
James's answer
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Answered on August 25, 2011
While a deposition cannot be "rescinded," you could attempt to correct errors in the deposition transcript. While inconsistent testimony is often...
Archived
I have created "skull icons" of various well known personalities which I would like to print on t-shirts.
James's answer
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Answered on August 25, 2011
Following up on Ms. Koslyn's comment, there may also be a copyright issue if your "skull icon" is based on a photograph whose copyright is owned by...
Archived
What are the risks of making a clone game?
James's answer
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Answered on August 24, 2011
Your question is based on the following facts:
1. Your game would use graphics and sounds "owned" by Nintendo.
2. Nintendo is unwilling to...
Archived
The court ordered me to amend my complaint. If I state new federal causes of action, can the case be removed again?
James's answer
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Answered on August 23, 2011
If the court's order only allowed the complaint to be amended for a particular purpose, would your proposed amendment exceed the scope of that...
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