Archived
What are the trademark rules for using a foreign company's name in a public work protesting their practices?
Daniel's answer
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Answered on May 09, 2017
Assuming your "billboards and other media" are published only in the United States, then trademark law would only be relevant to this dispute if...
Is it fair use if somebody takes an image, changes the color of the character in it, and then uses it as an avatar on a website?
Daniel's answer
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Answered on May 07, 2017
My colleagues have already very ably answered your direct question about a potential fair use defense.
I'll add that a drawing of an image of a...
Archived
I am wondering if this script is going to be enough to protect me from any legal battles for a book I am going to be compiling?
Daniel's answer
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Answered on May 07, 2017
You and your own Florida-licensed intellectual property attorney need to decide whether you [or, preferably, a company you will form for this...
Can failure of a copyright holder to enforce a copyright act as a waiver of copyright protection?
Daniel's answer
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Answered on May 07, 2017
The legal defense of waiver requires the intentional relinquishment or abandonment of a known right or privilege. For waiver to apply the...
Archived
Can a nonprofit buy the rights to a trademark?
Daniel's answer
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Answered on May 06, 2017
As my colleague notes, a non-profit entity can own a trademark.
It can:
(1) develop its own trademark rights through its use in commerce of a...
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Archived
How would I find out what songs are in public domain?
Daniel's answer
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Answered on May 06, 2017
Query Google for [ public domain music "creative commons" ] and track some down. Then have your own Ohio-licensed intellectual property attorney...
Archived
Is it possible to check whether the copyright of a work published prior to 1978 was ever renewed?
Daniel's answer
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Answered on May 06, 2017
It's easiest to hire the Copyright Office to do the research for you. Visit http://www.copyright.gov/rrc/
If you're up to doing the research...
Does a book that was first copyrighted in 1944 and whose copyright was renewed in 1971 now in the public domain?
Daniel's answer
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Answered on May 06, 2017
The 1909 Copyright Act provided that an application for renewal of a copyright had to be "made to the Copyright Office and duly registered therein...
Archived
What would the penalty be for selling a product that I have patented that includes features that infringe on another product?
Daniel's answer
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Answered on May 06, 2017
You note that the product you want to sell "contains features of my patent and also patented features of another product currently being sold."...
Archived
How to successfully report and take down a website that is using our intellectual property?
Daniel's answer
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Answered on May 06, 2017
My colleagues are clearly correct that you'll need an attorney to assist. After ensuring that your company actually has rights in the content on...
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