Archived
Does any other store have a right to bake something similar to those bagels or it is a copy of the food idea?
Daniel's answer
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Answered on March 16, 2016
There are two bodies of law that apply: patent law and trademark law.
As for patent law, as my colleagues note, it's highly unlikely the First...
Archived
What course of legal action can I take to get this removed? She has been asked to remove the work but I have heard nothing back.
Daniel's answer
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Answered on March 16, 2016
Your own South Carolina-licensed intellectual property attorney needs to evaluate the merits of your copyright infringement claim -- INCLUDING...
Archived
Can I sell these tshirts on my website? The website will be on the domain www.trumpofficial.com or similar
Daniel's answer
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Answered on March 16, 2016
The First Amendment constrains both trademark law [specifically "false association" law] and right of publicity law. If applying either of those...
Archived
Nfl copyright.
Daniel's answer
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Answered on March 15, 2016
Selling 50 shot glasses that display the famous, federally registered "NFL" trademark is a crime punishable by a fine of not more than $2,000,000...
Archived
Where does Jurisdiction apply and how to enforce a lawsuit overseas.
Daniel's answer
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Answered on March 15, 2016
I think it very likely that a federal court will refuse to assert personal jurisdiction over the Greek publisher for shipping four copies of the...
Archived
What is the difference between a Trade Name and a Trademark?
Daniel's answer
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Answered on March 15, 2016
A “trade name” is any name used by a person to identify his or her business or vocation. The term “trade name” is a broad label that includes...
Are California License Plates Protected By Copyright Laws?
Daniel's answer
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Answered on March 14, 2016
With some exceptions, copyright does not protect copyrightable works created by FEDERAL government employees.
Copyright does, however, protect...
Archived
What value do I really gain going from trade secrets, covered by NDAs, to patenting my methods and algorithms?
Daniel's answer
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Answered on March 14, 2016
You should be like the successful players in your market space and make sure before going live that your application and services do not infringe...
Archived
What are the things I should be aware of before filing? Can it be done online and what are the costs involved?
Daniel's answer
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Answered on March 14, 2016
No trademark attorney can ethically assist you without first "clearing the rights" to the product name you've adopted and reviewing what you've...
Archived
Do I understand my situation correctly? Do I have a reasonable chance of success? How will international/Australian laws effect?
Daniel's answer
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Answered on March 14, 2016
Why do you care? Is she making enough money on her CD sales that you think it's worth causing a fuss?
As a legal matter I see no violation of...
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