Archived
Can you trademark protect a company name if another co. is using it in same industry but different specialization?
Philip's answer
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Answered on March 14, 2013
I am not sure they are the same industry. But they keystone is likely confusion. If a customer, not an expert in, say, advertizing or marketing,...
Archived
A company in Texas drew up a consulting agreement with me and it states that the agreement will be enforced according to TX law?
Philip's answer
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Answered on March 14, 2013
As Mr Walker's answer suggests, chocie of l;aw is a very complex question. I actually took a whole course in it in law school.
Choice of law in...
Legality of Watching Youtube Videos
Philip's answer
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Answered on March 14, 2013
There is no definitive precedent I know of on the question whether a download is a copy under the copyright law, so you are shooting dice. My...
When do I check off "use of the mark in a prior form" on a trademark application?
Philip's answer
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Answered on March 14, 2013
And I am not sure, as Mr Ballard has shown, that everything really is the same. And if the examiner thinks it is not then you will be in trouble...
Archived
If I were to recreate a water bottle that I saw in a movie by making it an actual product and reselling it would that be legal?
Philip's answer
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Answered on March 14, 2013
As you can see, experienced IP lawyers will disagree on this. I come down on the side with Daniel Ballard. A few words cannot be copyright,...
Archived
Selling silhouettes of dog images
Philip's answer
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Answered on March 13, 2013
Take your own pictures, please. Most likely the copyright owners will not catch you (most people get away with driving 60 in a 50 for example),...
Archived
Registering a trademark for a business name
Philip's answer
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Answered on March 13, 2013
At least three points you need to keep in mind. (1) The registered name of your business, your nom commercial, is not a trade name that can be...
Archived
Entertainment Lawyer Question
Philip's answer
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Answered on March 13, 2013
Start pitching it to agents who specialize in screenplays, mostly being in H'wood. Clearly mark the script as "Copyright 2013 Joe Blow." REGISTER...
Archived
What's the easiest and cheapest way to protect my idea?
Philip's answer
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Answered on March 13, 2013
Easy. A nondisclosure agreement or NDA, signed by everyone on the project, and written by a lawyer licensed in the state where it will be signed. ...
Archived
Dear Sir/Ms,
Once a copyright infringement has been court-filed, are there any statute of limitations should the Scheduling
Philip's answer
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Answered on March 13, 2013
Assuming you are in federal court here, as you should be, there is no statute passed by Congress. There may be a local rule of the federal court,...
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