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Can we trademark a unique name that includes a common word that has been trademarked by another company?
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Answered on August 19, 2011
By "trademarked," I assume you are referring to a trademark registration (as my old law school professor would say, "trademark" is not a verb). ...
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I saw an internet ad on a car for sale at a very low price, is the dealership obligated to sell it at the price listed?
James's answer
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Answered on August 15, 2011
No. Under general contract law principles, an ad to the general public would be considered an invitation to negotiate (sometimes also called an...
What happens when Supreme Court case law conflicts?
James's answer
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Answered on August 15, 2011
Is your question limited to when the US Supreme Court contrary rulings? Or when different courts issue contrary rulings? For example, where two...
I have a logo idea that involes the steelers logo in a differant shape and no name on it is that legal
James's answer
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Answered on August 13, 2011
How did you determine that the logos are about "20%" different?
In any event, the abstract percentage of what was changed is less important to...
Archived
Question regarding interplay between trademarks and internet forums:
James's answer
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Answered on August 13, 2011
With due respect to my colleague Mr. Ballard, I have a slightly different take. While his point that the facts of your question do not establish...
Archived
Can I still trademark this name if?
James's answer
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Answered on August 12, 2011
Maybe. A significant factor would be the goods or services with which the trademarks would be used.
If you intend to use the same mark as two...
Archived
Question regarding interplay between trademarks and internet forums:
James's answer
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Answered on August 11, 2011
In addition to the options of a cease-and-desist letter, and a cancellation proceeding at the USPTO, another option is a federal lawsuit seeking...
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Question regarding interplay between trademarks and internet forums:
James's answer
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Answered on August 11, 2011
If you are outside the opposition period, you can petition the USPTO to cancel the trademark registration. From your question, I assume that the...
Archived
Is it always possible to use other author's work some time after his/her death?
James's answer
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Answered on August 10, 2011
A copyright survives the death of the author, but the copyright will eventually expire. Depending on the work, it may expire 70 years after the...
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I've used my biz name for 17+ years as a sole proprietor with a DBA. 7 days ago I received a Trademark cease & desist letter
James's answer
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Answered on August 08, 2011
To "put the brakes on" someone who has sent you a cease and desist letter, you need to contact an attorney. As my colleagues have mentioned,...
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