Archived
Can I sell handmade craft products in a flea market?I do it as hobby and do not want to pursue it full time?
Ira's answer
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Answered on November 13, 2016
There is nothing in your question which indicates any problem. You do have to comply with all licensing and tax laws and you cannot do anything...
Can I sell name brand clothing that has been altered if I leave the items clearly labeled as second hand and altered?
Ira's answer
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Answered on November 13, 2016
Your plan sounds good, but you would be well advised to get IP counsel and show him/her what you plan to do. Many of us offer free initial...
Archived
How can I go about using Seuss characters in an illustrated poster without infringing on copyright?
Ira's answer
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Answered on November 13, 2016
I concur with prior responses and would only add that you need to have counsel review not only your proposed advertising but the performance contract.
Archived
Are emoji's copywrighted?
Ira's answer
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Answered on November 13, 2016
Any creative work (such as possibly an emoji) which is fixed in a tangible medium (and saving in digital form qualifies) is automatically...
Archived
I have a trademark that has been in use by me since 2001, so why was someone else allowed to file for the same trademark?
Ira's answer
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Answered on November 13, 2016
Filing does not equal registration, especially as it is a 1b. You also have to be careful when you say that goods and services overlap. Finally,...
Can I commercially use public domain photos or illustrations of these famous people (living and deceased) in a game?
Ira's answer
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Answered on November 13, 2016
You have already received some good answers. In addition, I would ask how you know that the photos are in the public domain. Just because a photo...
Archived
Is nexus required for federal cases?
Ira's answer
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Answered on November 10, 2016
A case may be filed in federal court under one of two conditions, either a question of federal law (and copyright qualifies here) or a combination...
Archived
If I had made more of these shirts and sold them on websites, how could the trademark infringement card be pulled?
Ira's answer
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Answered on November 10, 2016
I am not convinced that fair use would apply, but it might. Your use is infringing if it raises the association in the mind of the observer as...
Archived
Hi. I'd like to know. Can I have an app idea copyrights and patent or do I have to build the app first to get the copyrights?
Ira's answer
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Answered on November 10, 2016
I concur with prior responders, but would add that copyright exists from the time the code is written, but patent can be filed as soon as you can...
Can I use changed superman logo for commercial purposes
Ira's answer
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Answered on November 10, 2016
If your logo evokes the superman logo in the mind of the beholder, this is likely a trademark issue. Exact duplication is not needed, just that...
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