Archived
I'd like to republish out-of-print materials that I have no rights to? Do you have words of wisdom for the preliminary steps?
Michael's answer
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Answered on December 16, 2013
Even though the books are out of print and may have been "lying fallow" for decades, does not mean that someone does not still own the copyright in...
Archived
Trademark Name AND Logo in one application?
Michael's answer
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Answered on December 11, 2013
Attorney Park is correct that a search should be performed to in order to determine the best way to protect your mark/logo. Having said that it is...
Archived
How accurate is this advice on Copyright?
Michael's answer
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Answered on December 09, 2013
Without commenting on the accuracy of the content of the webpage that you linked to (because I did not click on it), a copyright does exist the...
Archived
If I can cannot find a patent or an application for one when I search the USPTO database, am I clear to go ahead with my design?
Michael's answer
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Answered on December 09, 2013
Mr. Anderson's explanation is correct. I just wanted to add that you are in the clear unless and until a patent issues. If a patent application...
If you were to make an artistic rendering of someone else's photo is that copy right infringement?Does method make a difference?
Michael's answer
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Answered on December 07, 2013
You would have a copyright in your own creative work, but that does not mean that you would not also infringe the other's copyright. Infringement...
What can i do while my trademark is pending against other companies
Michael's answer
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Answered on December 05, 2013
A trademark registration is not a requirement to enforce your trademark rights. Your rights are created by use in commerce, regardless of whether...
Archived
I am a trademark owner and need some information about notifications sent to facebook
Michael's answer
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Answered on December 04, 2013
The fact of the matter is that anyone can try to "prosecute" (I think you mean bring a claim against) anyone for a tort. The better question is...
Archived
Hi, I am studying patent law at university, and I was wondering
Michael's answer
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Answered on December 03, 2013
Without context, it is difficult to answer. From a patentability perspective, the patent examiner can reject the claim if he/she finds only one of...
Archived
Is the Office of Homeland Security empowered to seize items they feel are copyright infringement of NFL properties?
Michael's answer
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Answered on November 30, 2013
In my actual experience with these types of siezures (albeit 19 years ago with the Grateful Dead) the rights holder obtain an ex parte siezure...
Making products from licensed product fabrics sold at walmart to resell. does the first sale doctrine help me?
Michael's answer
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Answered on November 29, 2013
If their license (which attorney Ross correctly stated was accepted when you bought the fabric) says not for commercial resale, then you cannot...
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