Archived
A friend took a picture (with permission) of Mark Cuban. The Mavs are now selling products with the image. Does he have a claim?
Daniel's answer
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Answered on June 28, 2015
Before selling the product the Mavericks marketing folks were required to get permission from (1) Cuban and (2) the owner of the copyright in the...
Archived
Am I able to sue someone for using photos that I took of them, as a gift, after they used the photos to advertise sex services?
Daniel's answer
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Answered on June 28, 2015
You want to know if the couple has "a case against" you but you don't disclose what you did that angered them. There's clearly much to this story...
Archived
I want to use images out of a published book for my genealogy project on ancestry.com.
Daniel's answer
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Answered on June 27, 2015
Your own copyright attorney needs to evaluate the copyright status of both the book and the photographs. Visit the link below to learn when...
Archived
Would filing a trademark for my music label "Merge Music" infringe an existing trademark for "Merge Records?"
Daniel's answer
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Answered on June 26, 2015
No one will -- or can -- provide a definitive answer to you via a public forum such as this one and with such limited information.
The general...
Archived
CA Software Acquisition Agreement. Can "T" sue "E" for not executing a License Agreement?
Daniel's answer
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Answered on June 26, 2015
As my colleague notes, "acceeded" is misused.
Also, if E chooses not to "execute" -- which merely means "to sign" -- the agreement then the...
Archived
Am I at risk of committing trade name infringement?
Daniel's answer
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Answered on June 26, 2015
First, contrary to Attorney Shafer's assertion that "Washington law does not protect trade names," it most certainly does [as do all other states...
Archived
Can I seek monetary damages for intellectual property theft?
Daniel's answer
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Answered on June 26, 2015
"A few years" after 2007 is 2009. If the company's been selling a product for six years based on what you think is your design why have you waited...
Archived
In your learned opinion, would USPTO allow a medical marijuana dispensary locater app to be federally trademarked?
Daniel's answer
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Answered on June 25, 2015
The federal Trademark Office will register trademarks used to brand marijuana-related products and services [but not any product containing...
Archived
Does California Leonard Law require the rule which infringes on free speech to be written?
Daniel's answer
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Answered on June 25, 2015
You and your own California-licensed attorney who specializes in First Amendment or Education law should read the cases linked to below. Good luck.
Archived
Can I print the name of a sports player on merchandise if it is not trademarked?
Daniel's answer
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Answered on June 25, 2015
What you propose would violate the person's "right of publicity" -- which, while quite limited under Minnesota law, is a right very well protected...
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