How do I trademark a brand name that is no longer being used, but was used in the past?

Trademark rights do die out in the absence of usage. To stay alive, the trademark must be used in trade and commerce on a reasonably continuous...

I received a copyright infringement letter. Is this still my fault?

Intent is not a requirement for copyright infringement. To make a case for copyright infringement only requires 1) ownership of a valid copyright...

Does EVERYTHING I write down, photograph, etc. establish copyright?

Essentially, YES. Copyright protects original works, generally literary and artistic works, but the level of originality required for copyright...

Yes, you CAN. The pertinent question is what are your chances of success. You first need to consult with an attorney. Be prepared to provide...

Do Civil Court Procedures Allow Judge To Review Evidence Outside the Record and Conduct Investigation "BEFORE" the Trial?

Generally, NO. The judge will only review evidence presented by the parties. However, the judge CAN independently investigate issues or facts in...

Motions in federal court in central district of California

It is hard to predict as some judges are more lenient of strict compliance with such requirements than others. I assume representing yourself. ...

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How do I find a patent application if I don't have the application number?

First, patent applications are not public until the application is published, which is about 18 months after the original filing date or the issue...

I wanted to start a coffee shop + Dessert business. What is the process? Should I create a LLC, trademark, permits first?

There are several consideration that prospective business owner(s) should take into account, preferably before starting their business. First, an...

Is this plagiarism? How can I deal with it?

The answer to your question depends on whether you had copyrights in your work. Copyright generally covers literary and artistic works, including...

New Trademark laws clarifications

The answer to your question is actually, NEITHER. The person entitled to a trademark would be the one who first USED the mark in commerce. First,...