Can I have a banner advertisement with another company's logo with the red circle and line crossing it out, alongside my ad?
Daniel's answer
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Answered on April 10, 2016
To the extent my colleagues note your planned use of the others' trademarks is a "nominative" use -- that is, used only to name your competitors --...
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Is Amazon in breach of member agreement?.. and can I file a Action?
Daniel's answer
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Answered on April 10, 2016
I think you're asking if you can sue Amazon for it terminating your Amazon Kindle Direct Publishing account through which you were offering to sell...
Use of name and likeness in a satire video
Daniel's answer
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Answered on April 10, 2016
As my colleagues discuss, there are at least two bodies of law that apply: federal copyright law and state right of publicity law.
Your main...
Archived
Credit for articles written by me on a website were stolen when I stopped working them.
Daniel's answer
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Answered on April 10, 2016
First, no one "stole" anything from you. You physically still have the articles you wrote.
Second, I don't understand why you think the person...
Archived
Can I sue the heirs of a estate?
Daniel's answer
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Answered on April 09, 2016
Your fact pattern is far from clear. I think you're saying that:
1. Your aunt and someone created and patented an invention [you don't say when...
Archived
Can I use just the skull and spade and a different color outer ring and different verbiage and not infringe on trade mark.
Daniel's answer
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Answered on April 09, 2016
As my colleagues note, only your own Florida-licensed intellectual property attorney can "clear the rights" to the trademarks you want to use to...
Archived
Because we're not wanting to add junk filler to hide our formula in a proprietary blend, can the list be protected/patented?
Daniel's answer
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Answered on April 08, 2016
As a general proposition, you have two options: maintaining the composition of your supplement as a trade secret or applying for a patent on the...
Archived
How can I make it clear I am providing services for the game `Destiny` without breaking their copyrights/trademarks.
Daniel's answer
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Answered on April 08, 2016
My colleagues have already very ably discussed the trademark law implications of your plan.
I think, however, you have larger challenge: That...
Does announcing a new product as coming soon using the brand name establish trademark priority?
Daniel's answer
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Answered on April 07, 2016
Your question triggers the application of two different rules:
(1) To federally register a trademark the mark must actually be used in commerce...
Archived
Can I register a group of images with the US Library of Congress as PUBLISHED already the day after I uploaded them online?
Daniel's answer
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Answered on April 07, 2016
You should read, at least, Sections 1104 and 1106 of the Compendium of U.S. Copyright Office Practices, Third Edition [via the link below]. The...
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