Archived
Can I use my store name in-state & online if store in other state trademarked it? Same name, same products, opened at same time
Thomas's answer
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Answered on February 09, 2013
The date that matters is not the first to file a trademark, it is the first to use the mark in commerce. For that reason you need to retain a...
Archived
A website developer claims I bought a website. When does title pass. There is no written contract. Thank you
Thomas's answer
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Answered on February 09, 2013
You have a dispute in the case as to whether or not an oral contract existed. You say there was no oral contract. The website developer claims...
Archived
Can Google scan a copyrighted book in order to provide different search snippets without permission from the copyright holder?
Thomas's answer
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Answered on February 09, 2013
The American Society of Media Photographers, et al., has filed a class action against Google arising from the same type of issue which is currently...
Archived
I want to use schools' logos and promote the schools on my website. Do I need certain permission to do so? If so, from whom?
Thomas's answer
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Answered on February 09, 2013
You would require at least a trademark license to act as a third party promoter of these schools. In order to have the ability to use their names...
Archived
If you are a celebrity photographer can you use their images, either in their raw form or altered form on t shirts to sell?
Thomas's answer
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Answered on February 07, 2013
I don't recomend using any third party images involving altered images. I have handled right of publicity claims involving altered images, and the...
Archived
Can I use recipes on my website obtained from other websites without worrying about copyright infringement?
Thomas's answer
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Answered on January 26, 2013
The Copyright Office's Form Letter 122 states as follows:
Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are...
Archived
I have a blog & wanted to add photos to go with stories I post (original content from me). Is it legal to download photos
Thomas's answer
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Answered on January 26, 2013
As the previous attorneys have advised, the answer is a resounding no. Pursuant to 17 U.S.C. 101, et al., the Copyright Act, a party does not need...
Archived
I am an interior desginer and want to use pictures of my work from a builder I worked for. I never signed a copyright. Can I ?
Thomas's answer
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Answered on January 26, 2013
This work is absolutely a work for hire, in light of the fact that you were an employee for X Home Builder. In the future, if you wish to retain...
Archived
Printing a single t-shirt
Thomas's answer
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Answered on January 26, 2013
In order to respond to your question I ran a quick trademark search on your behalf. Oakland Raiders A.D. Football, Inc. owns the trademark...
Archived
Can we amend a trademark we own, after someone has filed a petition to cancel that mark?
Thomas's answer
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Answered on January 26, 2013
A petition to cancel requires the filing of a well thought out answer or response, and if not swiftly settled, can be followed by full discovery,...