Archived
When issuing a "Cease and Desist" letter to someone, must it be delivered a certain way or can an email be sufficient?
Andra's answer
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Answered on March 19, 2015
Cease and desist letters have no specific requirements -- however as my colleague suggested, send it a way you can easily prove it was received.
Archived
Can I use the same business name as someone else?
Andra's answer
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Answered on March 19, 2015
There are common law rights that one obtains when you start using a trademark in commerce, regardless of whether it is registered anywhere. Thus,...
Archived
Removing a defamatory internet URL
Andra's answer
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Answered on March 18, 2015
It is a bit more complicated than that. Without more information about what "personal information" has been published, who published it, you will...
If I was to draw a version of Goofy, how much would I have to change before it is no longer considered a copy right infringement
Andra's answer
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Answered on March 18, 2015
25% would not be enough for Disney. Disney is litigious and does not think twice about protecting its rights. You could make a cartoon dog that...
Archived
Filing Design Patents in the U.S. and EU. How soon after filing in the U.S. do you have to file in the EU?
Andra's answer
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Answered on March 18, 2015
It is usually 6 months. You will need to hire foreign counsel at the very least.
Archived
Looking to sue for deformation/slander of character from a superior at old job where administration did nothing to protect me .
Andra's answer
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Answered on March 18, 2015
What you are stating may be your superior's opinion and thus may not be actionable defamation.
Archived
If a utility PPA with 1 product design has expired for full filing on a 2nd design with the same functions, can it be protected?
Andra's answer
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Answered on March 18, 2015
The answer depends on what it was first publicly seen. You have one year from the date an invention is publicly disclosed to file for a patent...
Can anyone take an expired DBA?
Andra's answer
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Answered on March 18, 2015
A business name can become a common law trademark whether or not it is registered. Thus, adopting another business' name for the same or similar...
Archived
Can an ex employee get in trouble for writing a review on there previous work place?
Andra's answer
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Answered on March 17, 2015
So long as you can prove that the statements of facts that you made were true and that the remaining statements were couched as your opinion, then...
Archived
I have a cleaning business registered in RI. as a llc. Does this protect my business name from unregistered competitors inRI?
Andra's answer
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Answered on March 17, 2015
You can send a cease and desist letter threatening to sue them. You also need to decide if you want to bear the burden and expense of this type of...
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