Archived
Can a R&D facility legally digitize old periodicals and post them on a private company server under copyright fair use doctrine?
James's answer
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Answered on June 23, 2011
Your digitization project sounds like a large, systemic project that raises serious copyright issues. As you may be aware, Google's digital...
Trademarked logos appear in a low-budget film I made. I plan on premiering this movie on YouTube and film festivals.
James's answer
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Answered on June 22, 2011
A district court in Caterpillar Inc., v. Walt Disney Co., 287 F. Supp. 2d. 913 (C.D. Ill. 2003), recently held that, in context of a preliminary...
WHAT TYPE OF LAWYER WOULD A PERSON NEED TO SELL RECIPE TO LARGE CORPORATION?
James's answer
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Answered on June 22, 2011
An intellectual property attorney can help you identify the intellectual property that may be transferred. These are intangible assets. For...
How to Start a clothing company using Major League Sports Team logos
James's answer
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Answered on June 21, 2011
You are correct that you will need to obtain approval from the professional sports teams to use their logos and trademarks. They are very...
Archived
Looking to file claim against Gov't entity...
James's answer
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Answered on June 21, 2011
It seems you are facing a six-month statute of limitations, but did not discover the violation until two years later. A “statute of limitations”...
Archived
Am I risking copyright infringement?
James's answer
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Answered on June 21, 2011
With respect to the suggestion to look at sites that have royalty-free images for purchase, care should be taken to review the license being...
Archived
Petition to cancel before the TTAB
James's answer
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Answered on June 21, 2011
I agree with the other post that generally you do not want to appear to be "sand bagging" the other side. However, there are several potential...
Archived
Petition to cancel before the TTAB
James's answer
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Answered on June 20, 2011
You should consult with a trademark attorney regarding the strength of your evidence, and your disclosure obligations in discovery. An assertion...
Archived
Frivolous petition to cancel trademark before TTAB
James's answer
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Answered on June 20, 2011
Generally, the TTAB only has authority over the trademark registrations at the USPTO, so the TTAB's remedies are limited to canceling the...
Archived
Trademark infringement/ cyber squatting
James's answer
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Answered on June 16, 2011
It sounds like you have filed an ITU application. Have you used the mark in commerce yet? The USPTO will not issue a trademark registration until...
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