What's the legal way to sell replica/knockoff furniture and make sure not to be sued for trademark and copyright infringement?
Daniel's answer
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Answered on August 24, 2013
In light of my colleague's responses, a devil’s advocate is needed here. In short, I think it very likely that much of the furniture made in or...
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Self-publishing a joke book for sale. 100% original material. A few jokes have real company names in them. Is this Fair Use?
Daniel's answer
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Answered on August 23, 2013
Q: "Can I use these corporate names given this is a joke book?"
R: Yes.
Does making fine art paintings for sale based on branded children's toys violate copyright or trademark restrictions?
Daniel's answer
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Answered on August 22, 2013
Some toys are copyrightable, some aren't. If someone paints a picture of copyrightable toys then that painting is a "derivative work" based on the...
Archived
Can I trademark the same name if the goods are different?
Daniel's answer
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Answered on August 20, 2013
One point not directly mentioned by my colleagues is that it is very often true that a mark used to brand music-related goods is also used to brand...
Are selling DJ Mixtapes illegal if your charging for the artwork/cd case/packaging costs??? The cd would be for promo use only.
Daniel's answer
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Answered on August 20, 2013
I don't think you're trying to make a "fair use" argument at all. I think you want to sell your mashups but because that's unlawful without a...
Archived
What is the best course of action to a patent appeal? Reopen of prosecution? or send a Reply Brief?
Daniel's answer
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Answered on August 20, 2013
Q: "The examiner has sent his answer with new ground of rejection. There are some corrections that need to be made in the application, if they were...
Archived
Copyright violation of my book cover
Daniel's answer
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Answered on August 20, 2013
Sure. The courthouse doors are open. If you want to spend many tens of thousands of dollars to put this little spat in front of a judge then I'm...
Archived
Artist records song written by someone else with no contract. Artist wants out, what are rights?
Daniel's answer
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Answered on August 20, 2013
The person who performed the song did not enter into a written agreement permitting anyone to make use of the recordings and has objected to being...
Archived
How do we go about trademarking and copyrighting a name and logo for our social club?
Daniel's answer
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Answered on August 20, 2013
You already goofed -- how do you know whether the name or logo that you've come up with does not infringe someone else's already-existing trademark...
Archived
Is it legal to play on radio a musical mixtape without copyrights on the instrumentals.
Daniel's answer
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Answered on August 20, 2013
The first commercially succesful mashup was in 1983 when Clubhouse combined segments from Steely Dan and Michael Jackson songs in the medley Do It...
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