Archived
Is there any legal authority prohibiting uncertified, personal audio recorders being used during a deposition?
Daniel's answer
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Answered on August 08, 2016
I think you clearly have the better argument.
There's a lot of case law interpreting FRCP 30(b)(3)(B). As long as the deposition is being...
Archived
Does the one-year grace period exclude prior art that is separate from the patent owners revealed prior art?
Daniel's answer
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Answered on August 08, 2016
Seems to me the best way to think about your facts is via pre-AIA Section 102(a): "A person shall be entitled to a patent unless - (a) the...
Can I sell prints of a celebrity of a photo that I took?
Daniel's answer
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Answered on August 08, 2016
While each state has its own "right of publicity" law the general rule is that the right is not implicated when what's being sold is an accurate...
How do I pursue a patent for a new form of a musical instrument I've invented? Should an atty be with me throughout the process?
Daniel's answer
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Answered on August 08, 2016
If you cannot afford to hire a patent attorney then buy the book "Patent It Yourself" by David Pressman. Buy the 2016 version.
More...
Archived
If there is a major pop song that repeats a phrase, and there is no trademark filed, can i trademark that phrase?
Daniel's answer
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Answered on August 08, 2016
No.
First, "trademark" is a noun, not a verb. No can "trademark" anything. Trademark rights develop over time in a word, phrase, design, color,...
Archived
Is the dialogue in a produced screenplay non re-publishable, copyrighted material?
Daniel's answer
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Answered on August 08, 2016
Your friend's plan is almost certainly not a fair use of the original screenplay. The argument for fair use that distributing the altered version...
Can I use pictures of athletes on my site if I take them myself?
Daniel's answer
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Answered on August 07, 2016
Assuming your site is, in fact, a bona fide news outlet [and not merely a fan site or consumer product retail site] then, yes, it would lawful to...
Archived
If using disney characters in yr own work in not allowed why does everyone on youtube do it without getting in trouble ?
Daniel's answer
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Answered on August 07, 2016
Disney gets to decide which infringing videos it wants to take down, which it wants to monetize with YouTube's Content ID system, and which it...
How should I go about handling a letter I got from a Law firm claiming I infringed on some Photographers copyrighted photo?
Daniel's answer
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Answered on August 06, 2016
Your own New Jersey-licensed intellectual property attorney will explain to you that it's no defense to copyright infringement to assert that you...
Archived
What do I do if I discovered the plaintiff's witness mishandled evidence used to support their claim of trademark infringement?
Daniel's answer
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Answered on August 06, 2016
You need to heed my colleagues' suggestion to hire your own intellectual property litigator who's licensed to practice in the district where the...
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