Archived
What kind of legal liability can I be in if my client gets sued by a competitor for an ad that we ran?
Daniel's answer
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Answered on December 17, 2015
If the use of your client's competitor's trade name in the advertisement infringes that trade name or constitutes trade libel or false advertising...
Archived
WHO owns the copyright to his columns? WHO now owns the copyright to all his published books? Did his copyrights pass to me?
Daniel's answer
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Answered on December 17, 2015
As my colleague notes, the two separate issues are:
(1) whether you can gain access to the physical copies of the documents that you donated and...
Archived
Could I be sued over Intellectual Property or Copyright?
Daniel's answer
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Answered on December 16, 2015
Publishing on a webpage a standard, hypertext link to another webpage that's owned by a news outlet displaying a news article is NOT copyright...
Archived
Can attorneys appear by telephone in Trademark Trial and Appeal Board hearings?
Daniel's answer
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Answered on December 16, 2015
No, an attorney need not appear in person for a TTAB hearing. And, no, an attorney need not be licensed in any specific jurisdiction to represent a...
Archived
See "situation"
Daniel's answer
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Answered on December 16, 2015
Yes, sometimes it’s literally or economically impossible to track down the owner of the copyright in a photograph [which makes the photograph an...
Archived
If I have a registered design trademark for a food product do I have to use it on box of the product?
Daniel's answer
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Answered on December 15, 2015
Good question. A word, phrase or design only serves as a trademark if it’s been put to “use in commerce.” That phrase has a specific, legal...
Archived
What would be the best name to choose for your LLC as a landlord?
Daniel's answer
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Answered on December 15, 2015
It's unlawful for a California-based business to adopt a trade name that's confusingly similar to an already-existing California-based company's...
Archived
Can i get sued if I mentioned a brand or it products in social media posts?
Daniel's answer
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Answered on December 15, 2015
The answer depends on what you write about the company and its products. Some posts may be trade libel, some in violation of the company's...
Archived
Can she legally do that since she gave us verbal permission?
Daniel's answer
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Answered on December 15, 2015
While I agree with my colleague that your former "manager" owns the copyrights in the photographs she took to promote your band, there is little...
Is it illegal to sell replica handbags as long as I state they are replicas and do not use actual names?
Daniel's answer
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Answered on December 14, 2015
"Replica" products are counterfeit products -- and selling counterfeit products is a CRIME. So, no, it's not lawful to sell "replica" products even...
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