Do i need the copyrights to make and sell these cosplay costumes?
How would I obtain the copyrights if needed?
Daniel's answer
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Answered on May 14, 2016
The Copyright Office has determined that "fanciful costumes" are not copyrightable because they're "useful articles." 56 Fed. Reg. 56,530 (Nov....
Archived
Should we oppose another trademark application who applied for exact same trademark under exact same IC?
Daniel's answer
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Answered on May 13, 2016
I second Attorney Sak's response. In particular, the International Classification is entirely IRRELEVANT when considering whether the use of one...
Archived
Do I need an intellectual property lawyer
Daniel's answer
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Answered on May 13, 2016
To follow up on Attorney Koslyn's response:
1. You need a license from either ASCAP, BMI and SESAC to compensate the songwriter.
2. But the...
Archived
Are you allowed to use someone's name or picture without their consent?
Daniel's answer
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Answered on May 13, 2016
I think it's near certain that the use of the photograph in each of your three examples is lawful.
For different reasons, of course, but the...
Archived
What are my options moving forward?
Daniel's answer
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Answered on May 12, 2016
You're not correct that an artist's surname is only registrable on the Supplemental Register.
The only procedural difference between...
Can i create a toy that resembles and functions very closely to Mr. potato head, but isn't exactly the same?
Daniel's answer
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Answered on May 12, 2016
See my answer to your other, identical question.
Hi, i have been developing a children's toy that resembles the famous mr. potato head. It is not exactly the same mold/size/look
Daniel's answer
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Answered on May 12, 2016
You’re right to be concerned. “Potato Head” toys are copyrightable [ex., http://goo.gl/0HPkL3 and http://goo.gl/cXjfc3 ] and are claimed in various...
Can I trademark my brand if someone else uses but hasn't registered it or their business and the timing of use is close?
Daniel's answer
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Answered on May 12, 2016
Your premise is wrong: The other clothing seller DOES have "legality in its operation." Sole proprietors routinely, and lawfully, do business...
Archived
Can I accuse the professor of Coercion?
Daniel's answer
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Answered on May 11, 2016
You're missing a fundamental principle.
The one-party consent rule makes a "mechanical overhearing of a conversation" unlawful unless one party...
Can I use a short trademarked phrase if I make it different by changing a word to a backronym?
Daniel's answer
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Answered on May 11, 2016
A "backronym" is a fanciful phrase created by expanding out an acronym. Examples are SOS = "Save Our Souls" and Wiki - "What I Know Is" and BING =...
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