Archived
If a trademark consists of a product name and a graphic and nothing is disclaimed can someone else use the same word portion?
Daniel's answer
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Answered on November 07, 2015
I think the answer is a clear no. The name of a product is the name of the product -- and that name, assuming it's protectable as a mark, serves as...
Disney princesses and the public domain art question?
Daniel's answer
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Answered on November 06, 2015
Let's assume you're correct that you can draw Cinderella, Snow White, Alice, etc. in a way that does not infringe Disney's copyrights in its...
I play music at a my cafe via a streaming music using PANDORA. Am i required to apply for some sort of license to do so?
Daniel's answer
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Answered on November 06, 2015
You and your own New York-licensed intellectual property attorney need to determine whether you're required to pay the songwriters via their...
Archived
Do I need an author's permission to publish an abstract of a book?
Daniel's answer
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Answered on November 06, 2015
The owner of the copyright in a work owns the exclusive right to make "derivative" works from the work. A movie based on a book, for example, is a...
Archived
Would it be hard to register a trademark that was abandoned/dead in 2009 that was not mine?
Daniel's answer
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Answered on November 06, 2015
As my colleagues note, determining whether a mark is registrable is a fact-intensive analysis that cannot be done in a vacuum.
I will note that...
Archived
Can the claims of an NPA that came from multiple PPAs retain the priority of their respective PPA filing dates?
Daniel's answer
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Answered on November 05, 2015
The priority date for a claim in a non-provisional patent application can be the filing date of the earliest-filed provisional application if the...
Selected as the best answer
Archived
I have a question about competition law.
Daniel's answer
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Answered on November 05, 2015
False advertising is unlawful under various federal and state laws. Both the person harmed and the FTC can take legal action to address the...
Selected as the best answer
Archived
Sole proprietor buying computerized fashion sketches from French company. Does any US import dutty or taxe apply?
Daniel's answer
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Answered on November 05, 2015
You need to speak with a licensed “customs broker.” Their job is to determine if a custom duty applies and, if so, to calculate the fee and fill...
Archived
I would love to do a photo shoot with a bride featuring a Broncos theme. Can I show the logo or brand legally? If so, how?
Daniel's answer
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Answered on November 05, 2015
You're being too cute: your "project to generate overall bridal interest" is clearly an effort to "create income" because the photographs will be...
How do I go about removing my adult content from the Internet?
Daniel's answer
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Answered on November 05, 2015
First, you can't lawfully even ask that a video be removed from a website if you don't own the copyright in the video. So ... if you acted in films...
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