Archived
If a copyright infringement case involves people from different states, which state would hold the case?
Daniel's answer
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Answered on October 01, 2015
As Attorney Sack notes, the general rule is that an alleged wrongdoer must be sued in the state [and local area] where he resides. Only if that...
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Archived
Can I recreate a dress design from International company?
Daniel's answer
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Answered on October 01, 2015
As noted, clothing designs are not copyrightable.
However, the design shown on the fabric used to make the clothes is potentially copyrightable...
Archived
My wife is starting a business around a tag that attaches to a hanger and identifies what pieces of clothing go together.
Daniel's answer
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Answered on October 01, 2015
As noted, the concept of attaching a tag to a hanger to help consumers mix and match clothing is not copyrightable.
The method is, however,...
Archived
How I can know if another persons work used in my book is copyrighted, to the point that will get me to any legal issues?
Daniel's answer
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Answered on October 01, 2015
Whether a quote, phrase or lyric is copyright-protected depends on how long it is and its relationship to the rest of the work of which it is a...
Archived
I need help regarding trademark, registered and copyright for my website.
Daniel's answer
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Answered on September 29, 2015
If you began using the domain name before the other company began using it to brand its product then, by definition, your use cannot be...
Archived
Do you do patents for clothing lines?
Daniel's answer
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Answered on September 29, 2015
Very few articles of clothing, or elements of clothing, are patentable [via either a utility or design patent]. The major exceptions are clothes...
Archived
Is it considered an infringement using a barrette if you put your own design on it?
Daniel's answer
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Answered on September 29, 2015
Because you did not invent the barrette [that is, its configuration or structural appearance] you are not eligible to apply for either a utility or...
Archived
I need assistance creating a retainer agreement for my regular graphic design clients.
Daniel's answer
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Answered on September 28, 2015
Because you're creating and selling copyrightable works of authorship you should have your own Texas-licensed intellectual property attorney draft...
Archived
Can a movie producer put my life in a movie without letting me know?
Daniel's answer
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Answered on September 28, 2015
If you're identifiable -- even though your name was changed -- to, at least, people within your community and you are falsely presented committing...
Archived
I have a Idea that can change the way we use social networking website. Should I make it a patent before telling it to everyone?
Daniel's answer
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Answered on September 27, 2015
Your first step should be to discuss your idea with a patent attorney who will have to conduct a "freedom to operate" patent search to determine...
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