How different does a trademarked need to be from another trademark to get approved within the same product line?
Gregory's answer
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Answered on March 09, 2018
Probably. the first word of a multi-word mark is considered by the PTO as the "dominant portion" of the mark and will be weighted more heavily in...
Archived
Is acting on bad legal advice defensible in a court of law?
Gregory's answer
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Answered on March 07, 2018
This is a question of state law best answered by a Florida attorney. "Advice of counsel" can be a defense or a mitigating factor in civil and even...
Is a software developer liable for third-party use of their code if the party using it uses it for something illegal?
Gregory's answer
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Answered on March 06, 2018
Two excellent questions: 1) If the PRIMARY use of a device or method is to infringe copyrights, unfairly compete or circumvent IP law, the method...
Archived
Can you trademark a business name with a person's name in it?
Gregory's answer
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Answered on March 06, 2018
Yes you can, but you have to show 5 years of continuous use to prove distinctiveness and "not primarily a surname' before registration on the...
Archived
They accused me of copy right infringement because of a similar domain name.They want me transfer domain to them? Is this legal?
Gregory's answer
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Answered on March 06, 2018
Your instincts are correct. The other side may be confused, mistaken or maliciously overreaching and totally full of it.
1) There is no copyright...
Can I monetize a “fan blog” through ad revenue legally, without infringing copyright?
Gregory's answer
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Answered on March 05, 2018
Short answer: it depends. You are operating in a grey area. The good news is that DC Comics, Paramount (Star Trek), Marvel, Universal (Harry...
Archived
Why does Apple post their copyrights using the word and symbol?
Gregory's answer
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Answered on March 05, 2018
Ha! Great question. Apple is notoriously creative in its form of copyright notice. Like Apple, movie distributors all have Department of Redundancy...
Archived
Can I create a fashion line featuring images I took of a band/celebrity? I took images of the people during their concerts.
Gregory's answer
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Answered on March 02, 2018
Sorry but no, doing what you describe would violate California Civil Code 3344 which prohibits the use of a living person's image on or in...
I wanted to ask about filming rights when you lease a building in Los Angeles?
Gregory's answer
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Answered on February 28, 2018
Depends on the language of the lease: is location filming arguably included in the purpose for which you have leased the premises? Or is location...
Archived
Can I use images of a competitor product in a comparison infographic?
Gregory's answer
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Answered on February 27, 2018
Comparative advertising is NOT trademark infringement if truthful and makes only nomintive use of the competitor's mark. That may or may not...
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