Archived
Re Trademark name for a business. Name is registered with Pat/Trademark Office yet I note other restaurants use name. Why?
Kevin's answer
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Answered on December 16, 2011
As a franchise attorney I can say it's prudent to be cautious when dealing with federally registered marks. There are significant liability issues...
Archived
Do I need to get formal permission to use famous public domain paintings for teaching purposes in a training video for artists.
Kevin's answer
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Answered on December 16, 2011
As a franchise attorney I generally agree with the other attorney answer. The extent to which you may (or may not) fall within the fair use defense...
Archived
I used some content I found on the internet on a website. I got a letter from a lawyer to take it down. I did.
Kevin's answer
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Answered on December 16, 2011
As a franchise attorney I can only say more information is needed. If the content was protected by copyright or trademark, then you most likely...
Can I trademark a common word, used as a business or brand name, if the word is an acronym?
Kevin's answer
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Answered on December 15, 2011
As a franchise attorney I agree with the other attorney answers. In addition to protecting the common word that also functions as an acronym, you...
Archived
Can our company take another company's product and repackage it and sell it in retail stores and online with our own name?
Kevin's answer
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Answered on December 13, 2011
As a franchise attorney, as can tell you the answer is simple. You need to get distribution rights from that company. Every company has the right...
Archived
I recently went to a book signing and purchased a book signed by julie newmar. When I tried to sell it on ebay, it was removed
Kevin's answer
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Answered on December 11, 2011
As a franchise attorney, I agree with the other attorney answer. eBay is probably more concerned with the validity of the signature than anything...
Archived
What would constitute trademark infringement with Logo use?
Kevin's answer
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Answered on December 11, 2011
As a franchise attorney, I basically agree with the other attorney answers. However, you need to consider the fact that nominative use is a defense...
Do i need to pay the $800 minimum tax requirement to the franchise tax board pursuant to california revenue and taxation code?
Kevin's answer
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Answered on December 11, 2011
As a franchise attorney, I agree with the other attorney answers. The $800 minimum tax is exactly that - a minimum of $800 is due every year,...
Archived
I am partners in a franchise business and I do sales. Is my commission taxable
Kevin's answer
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Answered on December 08, 2011
As a franchise attorney I basically agree with the other attorney answer. Additionally, I suggest you consult with a CPA or other tax professional...
Archived
How do I Sue for Product Liability from a large fast food franchise that serves food deemed dangerous for one's health.
Kevin's answer
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Answered on December 03, 2011
As a franchise attorney, I agree with the other posted answers. I personally think you have an uphill battle to establish causation and damages,...
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