Archived
A well known competitor has a brand name "Red [animal]". Is it OK to create my brand name as "Red [another animal]"?
Angela's answer
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Answered on February 27, 2013
I disagree with my colleagues who assert you are likely to be sued. You simply have not provided enough facts for us to have an intelligent...
Archived
The local fox news station is using an image I shot of one of their hosts as part of a portrait session several years ago.
Angela's answer
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Answered on February 18, 2013
Generally speaking, you are the owner of the copyright in the image you created unless 1.) you were an employee and it was a work prepared by you...
Archived
Can reference a reality show where I appeared as an "extra" in one episode in my business advertising?
Angela's answer
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Answered on February 13, 2013
You have two issues if you use a clip from the show. One is copyright in the show itself. You would want to ask for a "clip license" from the...
I received cease and desist letter from client's attorney. Do I have to pay the settlement of products I never sell?
Angela's answer
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Answered on February 13, 2013
The short answer is you do not have to do anything unless a court orders you to do so. However, you may choose to do something. For example you...
Archived
If someone got a registered trademark (R) for a slogan that I would like to use for a company name, can I still trademark it?
Angela's answer
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Answered on February 11, 2013
The answer might be yes, and it might be no. You cannot use a confusingly similar trademark without liability. But similarity of the words is...
Archived
How do trademark rights work for athlete celebrations like "Tebowing?"
Angela's answer
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Answered on February 02, 2013
If you are simply asking whether you can do the act Tim Tebow does (kneeling in pray during football games) in your personal life, of course you...
Do I own the copyright to my photography work if I was paid?
Angela's answer
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Answered on January 30, 2013
I believe you are likely an independent contractor and therefore the copyright owner. Since you did not have a written agreement, assuming you...
Archived
How do I protect my idea from the screenplay writer I want to hire ?
Angela's answer
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Answered on January 23, 2013
I agree with Mr. Burdick that a written agreement is essential. It should include non-disclosure and confidentiality. It also needs to cover your...
Archived
Is the "Work-Made-For-Hire Certficate" I signed valid?
Angela's answer
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Answered on January 22, 2013
You have provided some important facts, but any attorney is going to need to see the agreement you signed to have an opinion about the document's...
Archived
If I trademark a logo similar to one used by a small company that does not have it trademarked, can they take any legal action?
Angela's answer
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Answered on January 13, 2013
The prior contributors have described the law of trademark priority of use well. But, it sounds to me like what the "mark" you are concerned about...