Archived
Does a 1B trademark applicant have more rights to the applied for mark than a company who starts using it after the filing date?
Ira's answer
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Answered on March 01, 2017
If behemoth company commenced use of the mark after you filed, you would be considered the senior user (once you put it into use and get your...
Can I make a video summarizing religious copyrighted work & sell it for profit?
Ira's answer
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Answered on March 01, 2017
Are you copying material from another source. If so, it could be copyright infringement. However, if you are just using the ideas from that other...
Will I get into any trouble for printing someone's mugshot onto a shirt?
Ira's answer
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Answered on March 01, 2017
Attorney Vaccaro is correct as regards rights of privacy. In addition, depending upon who took the photo, you could be infringing upon the...
Archived
How does a state's case law(state supreme court) effect other state with identical issues when federal law is used a roadblock?
Ira's answer
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Answered on March 01, 2017
You have received excellent information regarding protection of publicly recorded documents. I would just like to add that a state court decision...
Expired or withdrawn or ceased patent. Can I take it over or apply for a patent with similar design?
Ira's answer
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Answered on March 01, 2017
You cannot "take over" a deceased patent. You can only patent your own inventions, and even then there are limitations. If you find a prior...
Does the government protect an "copyright" from public records request which are not registered / filed with copyright office.
Ira's answer
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Answered on March 01, 2017
You have received some excellent advice. The key is in the intended use and in who produces the copies. If you have specific questions, you...
Archived
How do youtube/facebook/etc get around copy right laws if someone posts a video with a song in it?
Ira's answer
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Answered on February 28, 2017
1. Unless you are an educational entity it is unlikely that you will meet the educational purpose criteria.
2. If you did not purchase each of the...
Archived
If one artist name is the same as the other can one add different words or spelling?
Ira's answer
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Answered on February 27, 2017
You say this other rapper "claims" to have trademarked the name. Has anyone checked? Is it on the principal register or the supplemental (if...
Archived
Can I use the name of a Children's movie in advertising?
Ira's answer
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Answered on February 27, 2017
It sounds like you are on solid ground on use of the movie name in advertising, but you have another area of concern. You must ensure that your...
Does fair use apply for copying of the artwork and using it on non-profit website for the use of therapy ?
Ira's answer
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Answered on February 27, 2017
You have already received excellent advice. I would just add the comment that non-profit does not mean non-commercial. This issue is commercial...
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