Archived
I started a business with my name as the name of the company. I need to find out about trademarking my name/cease and decist
Cliff's answer
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Answered on February 02, 2015
I agree with my fellow lawyers here that you should get a business lawyer to determine your status regarding use of your name by your former...
Archived
Can I challenge an online retailer's "Refund Policy" as unconscionable?
Cliff's answer
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Answered on February 02, 2015
I definitely agree with the others that you suing might cause you more time than it is worth. That being said, the company getting sued might cost...
Archived
Can I reverse a two word mark if it changes the meaning?
Cliff's answer
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Answered on February 02, 2015
Hi Pete, thanks for posting your question here. I understand your question to be: "If someone else reverses my 2-word combination, does that...
Archived
Trademark Word Translation
Cliff's answer
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Answered on February 02, 2015
The USPTO typically requests for a translation if the examining attorney thinks that the word might be a foreign word. This may be because the word...
Archived
My customers want my product but with a corporate logo.
Cliff's answer
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Answered on January 30, 2015
If you advertise your products using NFL logos, you will have legal problems. However, merely indicating, for informational purposes, that your...
Does the "first sale doctrine" apply when repackaging, rebranding, and reselling food items?
Cliff's answer
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Answered on January 29, 2015
I think your question is actually about trademarks, and I'll explain why. The First Sale Doctrine as you describe it relates to copyright only...
Archived
Can I take still images from movies and put them on my commercial blog? Is it fair use?
Cliff's answer
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Answered on January 29, 2015
Here's the lawyer's answer: it depends. Mainly on what you mean by "commercial blog", but also on what scenes are taken from the movie (the more...
Archived
My brand sells a silicone food tray, bamboo cloths and polyester wet bags. Applying for trademark, can I use one class?
Cliff's answer
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Answered on January 29, 2015
You're biggest concern should not be the class issue, but the trademark clearance issue, and I'll explain why in the next paragraph. Since you're...
Is the name WALT DISNEY a trademark or copyright?
Cliff's answer
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Answered on January 29, 2015
WALT DISNEY is definitely a protected trademark, and The Walt Disney Company has been known as an aggressive enforcer of their rights. While the...
Can I embroider the words "Santa Clara Niners" on a hat and sell it as my own product?
Cliff's answer
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Answered on January 29, 2015
I usually try to say "Yes if" rather than "no", but in this case I'd have to say you're running up a steep hill unless you can get a license from...
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