Archived
If the administrative judges at a cancellation proceeding at TTAB strike my pleading on fraud and won't allow me to amend it
Andra's answer
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Answered on December 22, 2014
Honestly? You need to hire a lawyer who can review all of the materials and make a determination whether it is worth your moving forward. Usually...
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Archived
Do I need to find an IP laywyer to trademark my band's name? And does it matter if the name is shared with another product?
Andra's answer
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Answered on December 21, 2014
Yes, it matters that someone else is using the name already even if the products are not identical as there are other considerations that need to...
Archived
Domain Name Vs Company Name (Phrase)
Andra's answer
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Answered on December 21, 2014
Based on the facts you disclose, one cannot adopt a generic name as a trademark. Whether the name is generic or descriptive needs to be discussed...
Archived
If i'm not selling it can I use sample music on my mixed tape without getting sued?
Andra's answer
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Answered on December 21, 2014
The answer is dependent upon how much is used, whether it is recognizable, etc. You need to have agreements drafted for you that you can have all...
Archived
My small business is picking a name for a product. We want to make sure we do not infringe on another product's trademarked name
Andra's answer
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Answered on December 21, 2014
This should be okay depending on the number of ALPHA marks appearing on the USPTO records. If there are many and none of them are in the same class...
Archived
Can a federal district court rule on whether a trademark is generic and obtained by fraud on the USPTO?
Andra's answer
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Answered on December 21, 2014
IF the action is before a Federal Court and has not been stayed, then the Federal Court will determine whether the trademark is generic and/or...
Archived
I need advice before filing a patent.
Andra's answer
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Answered on December 21, 2014
This scenario (based solely on the facts that you have disclosed) appears to support the fact that you own the invention. But just because they...
Archived
Is it against the law to intimidate someone without saying anything to them with something nonlethal?
Andra's answer
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Answered on December 21, 2014
If the person fears for their life or thinks you might hurt them and there are others present who may think the same, then there is a possibility...
Do we have a case, libel vs slander vs blackmail/extortion?
Andra's answer
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Answered on December 20, 2014
Unfortunately, the cost to bring any suit will be a minimum of $5000 to start and you would have to prove damages due to any defamation. Regarding...
Archived
Is this a copyright/trademark violation?
Andra's answer
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Answered on December 20, 2014
This cannot be answered on a public forum as so much will depend on your final work. Whether or not there is potential infringement issues will...
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