Archived
If I significantly modify a work I have already registered with the US Govt for copyright, do I need to re-register it?
Daniel's answer
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Answered on September 27, 2015
No, the registration for the original work does not suffice to register the new material you've added to your modified work. As my colleague's...
Archived
Patents
Daniel's answer
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Answered on September 27, 2015
You need to work with your own New Jersey-licensed intellectual property attorney to help you, at least:
1. create a company from which you will...
Can the trademark which was filed under the Intent To Use section 1 (b) be used to request protection under the Madrid System
Daniel's answer
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Answered on September 27, 2015
Q1: A person who has filed a Section 1b application may subsequently file an international application with the USPTO for that mark and, if that...
Archived
Can I sue Buzzfeed?
Daniel's answer
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Answered on September 26, 2015
The news article can only be "degrading" if the facts in the article are untrue. Otherwise, the article is simply an embarrassment for you -- which...
Archived
If a supervisor asks an employee to violate copyrights or trademarks, can the employee be held accountable or sued?
Daniel's answer
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Answered on September 26, 2015
As my colleague notes, in the situations you describe both the independent contractor and employee can be sued, and would be liable, for copyright...
Archived
Using Nike brand/logo for a virtual clothing for a virtual social site as a tribute to Nike that will link to real Nike website
Daniel's answer
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Answered on September 26, 2015
I'll be more direct: NO, a "graphic designer" may not lawfully replicate Nike-branded clothing to be worn by his avatar "and others" in a virtual...
Archived
I have a picture on my Foundation website (501c3 charitable public foundation) of my son wearing a Carolina Panthers shirt.
Daniel's answer
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Answered on September 25, 2015
Very likely not.
The incidental display of another's trademark -- such as on a shirt being worn by someone shown in a photograph -- is not...
A Cease & Desist Letter in Texas for my trademark?
Daniel's answer
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Answered on September 25, 2015
You need to hire a Texas-licensed intellectual property attorney. It does NOT follow that simply because federal trademark law exists --...
Is fiverr.com considered work for hire? I don't want to give up the rights to my song.
Daniel's answer
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Answered on September 25, 2015
My colleagues incorrectly assume that the record producer’s contribution to your sound recording can be a “work for hire.” His contribution cannot...
Archived
How can I protect myself against theft of work / intellectual property / upfront effort?
Daniel's answer
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Answered on September 25, 2015
I think you and your "partner" first need to take care of the fundamentals -- that is, you need to form a company from which you'll do business....
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