Archived
For advertising: bus. cards, website,etc. can we use : Company Name Construction, LLC? Or do we have to use the entire name?
Daniel's answer
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Answered on April 21, 2016
The real question you need answered is whether your "Company Name Construction of Tennessee, LLC" infringes the trade name rights in the...
Archived
"I filed a cancellation action with the TTAB against a trademark that I'm pretty sure isn't used at all by its owner.
Daniel's answer
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Answered on April 21, 2016
You first need to prove to yourself that a TTAB cancellation proceeding will, even if successful, get you the commercial end-result you need....
Archived
What is the best Cease and Desist form letter I can use to at least put the from on notice of breach of NDA?
Daniel's answer
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Answered on April 20, 2016
As my colleagues note, whatever remedy you may have will be based solely on the provisions in the agreement the parties signed. Only your own...
Archived
What are the advantages of first filing in the US, then extending to international using TEASi, vs starting with international?
Daniel's answer
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Answered on April 20, 2016
So your company -- hopefully formally organized and registered with the Calfornia Secretary of State -- has created a mobile application dealing...
Archived
What trademark rights might I have in the US & Canada against an existing business?
Daniel's answer
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Answered on April 20, 2016
Registration does not create trademark rights; use in commerce creates trademark rights. Registration is a good idea but is not required. So ... it...
Archived
Have we successfully met the "published" criteria under the Copyright Office requirements for filing the t-shirt design?
Daniel's answer
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Answered on April 19, 2016
The Copyright Act defines publication as “the distribution of copies or phonorecords of a work to the public by sale or other transfer of...
I found a piece of expensive art in garage sale furniture. Can I resell it for profit?
Daniel's answer
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Answered on April 19, 2016
I disagree with my colleagues.
Your mother-in-law's intent in buying you furniture was to help you set up a household -- not to convey you an...
Archived
If work related files are on my personal property, who is the actual owner?
Daniel's answer
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Answered on April 18, 2016
Whether your former employer owns the material you were working on and whether it has the right to directly access that material are two entirely...
Archived
Can I take quotes from speeches totally out of context to make funny youtube videos.
Daniel's answer
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Answered on April 18, 2016
You've described a quintessential "fair use" of the videos. In short, the "fair use" of another's copyrighted work [the videos] is lawful because...
Does shipping my goods to a sales rep in a different state for test marketing count as "use in commerce"?
Daniel's answer
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Answered on April 18, 2016
Neither intracorporate, interstate transport or promotional give-aways of a branded product are trademark uses in commerce. So, no, sending your...
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