Archived
Company selling software that allows users to copy and share music files copyrighted be charged or enjoined from such activity?
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Answered on November 17, 2016
The term is a "secondary infringer" -- specifically, a "vicarious infringer" or "contributory infringer" or one who "induces" the primary...
Can I re-sell branded/franchise merchandise if I don't know it's officially licensed?
Daniel's answer
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Answered on November 17, 2016
The risk that you'll be sued by the television production company is high as is the risk of being banned from the ecommerce platform that you'll...
I am replicating a cologne that was discontinued 8 years ago. Can I sell it under a name I came up with?
Daniel's answer
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Answered on November 17, 2016
A scent, smell, or fragrance can serve as a trademark – but it must brand something other than that scent, smell, or fragrance (see some examples...
Archived
I have an invention or product with a prototype and want to start a patent.
Daniel's answer
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Answered on November 16, 2016
Your goal is not to procure a patent. Your goal is to make money selling a product or licensing the rights to sell a product. Begin learning how...
Archived
How to defend against someone with trademark to "Santa Tracks" who is trying to stretch it to cover (eg NORAD) "Santa Tracker"?
Daniel's answer
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Answered on November 16, 2016
As my colleagues note, you need to discuss this matter in private with your own attorney -- who, very likely, will explain to you why the other...
Archived
Do I need to include Copyright text on pictures downloaded from this website?
Daniel's answer
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Answered on November 15, 2016
Why, I don’t know, but there’s such a thing as a “Care Labeling Rule.” The Rule makes it an unfair or deceptive practice for manufacturers and...
Selected as the best answer
Archived
Patent limitations
Daniel's answer
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Answered on November 14, 2016
A method
for increasing accommodative amplitude of a lens of an eye
comprising:
(1) administering to the eye a biochemical energy source...
Archived
Copyright question
Daniel's answer
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Answered on November 14, 2016
The phrase "log line" is pretentious, movie-industry jargon for a sentence. It is hornbook copyright law that a single, short sentence is not...
Archived
Complicated trademark registration question for the pros here. God bless you if you know the correct plan.
Daniel's answer
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Answered on November 14, 2016
You need to speak with your own California-licensed intellectual property attorney to consider whether you can use the Voluntary Amendment Form [...
Archived
How can I go about using Seuss characters in an illustrated poster without infringing on copyright?
Daniel's answer
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Answered on November 13, 2016
I have a difficult time believing that the performance license you've acquired [from, let's hope, Music Theatre International] limits you to show...
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