Archived
I want to trademark a name that already owns a TM in the same class but sells different products than I.
Michael's answer
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Answered on November 12, 2014
Even though technically the classes are different, you would likely face a rejection if you apply. Sometimes it is a hard pill to swallow, but you...
Archived
Can my artist sing the word "sex" in a song according to FCC regulations?
Michael's answer
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Answered on November 12, 2014
If I were you I would retain counsel to give a definitive answer based on a survey of applicable case law and your particular facts. The...
Archived
Is it necessary to seek out an entertainment lawyer before you record or do split sheets if you are a new singer/songwriter?
Michael's answer
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Answered on November 11, 2014
It can never hurt to have a consultation with an entertainment attorney before you reach a major juncture in your career. Without knowing more...
Who owns the Intellectual Property of a product when no agreement is in place but one party was paid to create the product?
Michael's answer
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Answered on November 11, 2014
Who owns the IP depends on what regime (patent, copyright, trade secret, etc.). In the copyright field, joint authorship arises when two authors...
Archived
Can a day spa, which provides skin services under Barbering and Cosmetology act, be registered as LLC in California
Michael's answer
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Answered on November 11, 2014
Running a day spa would certainly qualify as a lawful purpose for an LLC under CA law so it would be possible. As to the specifics of what the B &...
Archived
Can I create/design note cards or prints to sell on Etsy with TV Show quotes?
Michael's answer
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Answered on November 11, 2014
Quotes from TV shows could be protected under copyright as literary works (scripts) or for the motion picture/AV work. While it seems that using...
Archived
Units or shares in limited partnership
Michael's answer
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Answered on November 11, 2014
Take the first step by hiring a business lawyer with knowledge of securities and tax law as well. You will have CA state regulations and possibly...
Archived
If we register a trademark in Hong Kong, can we claim ownership of the brand used in California?
Michael's answer
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Answered on November 10, 2014
More facts are necessary, but generally if you are using the brand in CA, you would own it by way of common law trademark rights. Whether you can...
Archived
Do I need a lawyer?
Michael's answer
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Answered on November 10, 2014
You had a copyright as soon as you fixed your song in a medium of expression, in your case, once you mixed it down to two tracks as an audio file. ...
Archived
Can a school make students take back t-shirts they already sold to people because of trademark even though it was approved?
Michael's answer
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Answered on November 10, 2014
Your situation begs the question: who has been trying to determine if whatever is on the shirts is trademarked or not? If it has not been an...
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