Archived
Can I take a photo that is already on the internet and redo my own version of it and copyright or trademark it?
Daniel's answer
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Answered on July 21, 2015
Some photographs, such as certain ones showing only red lips, display non-copyrightable "scènes à faire" -- that is, they show an accurate and...
Can I obtain a copyright and / or trademark on a deceased person's images created in the 1870s?
Daniel's answer
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Answered on July 21, 2015
I agree with Attorney Yospin. The photographs are, as you both note, in the public domain. Which means anyone may lawfully copy them, display them...
Archived
Need a patent attorney to give me a fair market value for a patented product I own
Daniel's answer
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Answered on July 21, 2015
I think a patent attorney with experience in solar-powered products MUST evaluate the claims of your patent and all other similar,...
Archived
To submit a survey as part of a trademark office action response who needs to conduct the survey?
Daniel's answer
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Answered on July 20, 2015
As noted, if you're asking about a survey then you're in way over your head and need to hire a trademark attorney.
One other note: There is no...
Archived
How can i safely import phone parts from China without infringing on trademarks patents etc?
Daniel's answer
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Answered on July 20, 2015
U.S.-issued patents last for twenty years. Modern smartphones have been around for about ten. Nearly, if not all, of the constituent parts of...
Can I sell items I've made from a sewing pattern?
Daniel's answer
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Answered on July 19, 2015
It's settled law that it's lawful to purchase fabric displaying a copyrighted design and then make and sell products using that fabric. This is the...
Archived
Will copyright law prevent me from charging tickets for admission to my parody musical?
Daniel's answer
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Answered on July 18, 2015
As noted by my colleagues, your plan raises at least two copyright issues: is the play truly a "parody" and have you copied more of the original...
Archived
What can be done if someone else trademarks my company name?
Daniel's answer
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Answered on July 18, 2015
"Trademark" is a noun, not a verb. No one can trademark anything. Trademark rights arise through the use of a non-descriptive word, phrase, logo or...
Archived
I'd like to get clarification on how folks on websites (ie. Etsy) can sell trademarked logo items?
Daniel's answer
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Answered on July 17, 2015
A few days ago Etsy published its 2014 Transparency Report which discusses how it reacts to takedown notices and discloses all the statistics about...
Archived
Am I allowed to represent an individual upon a right that has been infringed for money?
Daniel's answer
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Answered on July 17, 2015
Why would someone hire you to take down "their illegally hosted content"? If they're illegally publishing something on the internet via their...
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