Archived
Can I trademark a phrase that represents the photo series I am capturing, such as "Mountain Reflections" or "Car Reflections"?
Daniel's answer
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Answered on September 19, 2016
My colleagues have already ably answered your questions. I write only to add a few points.
The phrases "Mountain Reflections" and "Car...
Is there a copyright issue painting a painting using a child's old toys
Daniel's answer
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Answered on September 18, 2016
"Very popular" fictional characters are visually represented to the public in two dimensions [cartoons] and embodied in three dimensions [plush...
Archived
If I print out a few pages of a textbook well I be breaking the copyright law.
Daniel's answer
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Answered on September 17, 2016
If you lawfully purchased the ebook version of the lab manual then the copyright license that came with it very likely expressly authorizes you to...
Archived
Can I mention products (and or manufacturers) that I don't sell (anymore) for SEO purposes. I'm selling a competitive product.
Daniel's answer
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Answered on September 17, 2016
The key fact in your question is that "we currently do not sell their products, but competitive products."
If your company does not sell the...
Archived
How can I successfully register a trademark in the US and the EU?
Daniel's answer
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Answered on September 17, 2016
You need to hire a New York-licensed intellectual property attorney. Use Avvo's Find a Lawyer feature. You should also discuss with that attorney...
Archived
Can I trademark a generic word if it is used as a product name and is unrelated to the product?
Daniel's answer
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Answered on September 17, 2016
I’m not sure why you’re asking the question. You already know the answer because you note yourself that DIRT in its literal, unstylized form is...
Archived
How do I share in trademark ownership with an established company?
Daniel's answer
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Answered on September 17, 2016
Your question is really: Who should own the trademark rights? You or the company?
The answer is the company.
First, as a practical matter,...
Archived
My Trademark is in limbo but someone is profiting from my idea
Daniel's answer
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Answered on September 17, 2016
Your trademark is NOT "in limbo." Your application to register your already-existing trademark rights is in limbo. Registration of those rights is...
Can I trademark a play off of a known brand of clothing? It's truly a parody and has two words versus 1 but sounds the same.
Daniel's answer
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Answered on September 12, 2016
Query Google for [ "north face" "south butt" ] and read. Bottom line: Sometimes the law doesn't matter. If you don't have the resources to fight...
Archived
What law(s) is/are in place to prevent a patent attorney from stealing a client's invention idea?
Daniel's answer
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Answered on September 10, 2016
A patent attorney who unlawfully discloses a client's invention can be sued for professional malpractice, breach of fiduciary duty, interference...
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