Can I make candle out of a glass container that already has the sellers logo on it, ex: can I sell candles using mason jars?
Dariush's answer
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Answered on April 01, 2020
The standard for determining trademark infringement is likelihood of confusion, i.e., whether consumers are likely to be confused by the source of...
What is the legality of quoting a song title?
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Answered on March 29, 2020
The example you provide may be ok., but the context of your intended use of lyrics is unclear. In general titles, names and short phrases are not...
Archived
What kind of lawyer do I need to ensure I have all the appropriate legal disclaimers on my website?
Dariush's answer
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Answered on March 29, 2020
It very much depends on the types of services your business is engaged in. If you are selling products or offering services, then you would need...
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I have an invention which I intended patenting , but a preliminary patient search revealed 4 other very similar patients...
Dariush's answer
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Answered on March 28, 2020
An invention is patentable if it meets the three basis conditions of utility (i.e., the invention has a practical application and is not an...
Archived
Asking as I believe our use is Fair Use, it is an animal, wearing a shirt, w/a trademark recognizable painting trademark?
Dariush's answer
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Answered on March 28, 2020
The likely answer is no. fair use has different aspects and angles and only a trademark attorney can provide specific legal advice as to whether...
Will I have to get licensing rights to use the Letters S F on the front of baseball hat?
Dariush's answer
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Answered on March 27, 2020
The standard for determining trademark infringement is “likelihood of confusion”. So, the first question is whether the letters you are planning...
Could I get sued if my character design is "substantially similar" to a fashion print pattern?
Dariush's answer
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Answered on March 27, 2020
As my colleague notes, this is not the proper forum for the level of specific legal advice. In fact, attorney are not allowed to provide such...
Archived
Can you copyright an old video/photo/et cetera?
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Answered on March 26, 2020
No, as my colleagues note, works that are in the public domain can’t be re-copyrighted.
However, if you create a work based on a work in public...
Archived
Can I link (visually) a College or University's name (i.e. Texas, Nebraska, Bethany) with a 4 letter code (i.e TXUN, NEUN, KSBY)
Dariush's answer
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Answered on March 25, 2020
That could be problematic to the extent that it wold create a “likelihood of confusion” in the minds of the consumers as to the source of the...
Archived
Can I write a novel inspired by a video game?
Dariush's answer
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Answered on March 24, 2020
In copyright law, there is a big distinction between “based on” and “inspired by.” Derivative work only deals with the former, not the latter. ...