Archived
Do I need A Customized NDA signed for my IP benefit before speaking to a patent attorney about my new invention?
Daniel's answer
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Answered on June 24, 2015
Just my two cents but I won't sign a non-disclosure agreement if asked to by a prospective or actual client.
As noted, an attorney's ethical...
Archived
How do I go about withdrawing or cancelling my trademark application upon settlement after an opposition was filed?
Daniel's answer
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Answered on June 24, 2015
Your own trademark attorney will rely upon Section 602.01 of the Trademark Trial and Appeal Board Manual of Procedure which notes: "An abandonment...
What is the copyright law for cave paintings?
Daniel's answer
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Answered on June 24, 2015
As my colleagues note, a 40,000 year old cave painting is not protected by a copyright. However, just like any other design you may want to use as...
Archived
I am trying to buy copyrighted material from an owner/company in California. No paperwork available for the company.
Daniel's answer
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Answered on June 22, 2015
With few exceptions, ALL written material is "copyrighted material." Copyright automatically attaches to all copyrightable works once a work is...
Archived
Patent Question:
Can you patent a concept, like marketing an item to a gender group that has not been available to it before?
Daniel's answer
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Answered on June 22, 2015
Q: "Can you patent a concept, like marketing an item to a gender group that has not been available to it before?"
R: Not any more. A while back...
Archived
HELP I am being BULLIED by a large company that is backed up by a billionaire.
Daniel's answer
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Answered on June 22, 2015
I'll be blunt: You're not competent to conclude that the other party's infringement or dilution claim has no merit. So my advice is to dial the...
In 3d modeling copyright law, Is it okay to base 3d models off of photographs of objects?
Daniel's answer
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Answered on June 22, 2015
Q: "As an example, say I want to make a blender. I go into google search and look for an image of a blender. Taking that image I begin to make a...
Archived
Broad claim in provisional patent application
Daniel's answer
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Answered on June 22, 2015
You've already received very good information. I write only to note that an independant claim must be self-contained -- that is, it cannot...
Archived
Am I infringing copyrights by posting other brands pictures on social media?
Daniel's answer
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Answered on June 22, 2015
Your concern is more with copyright law, not trademark law.
You're copying and publicly displaying photographs that were taken by someone else....
Archived
What are the laws addressing unconscionable legal demand? Unconscionable pricing for intangible goods?
Daniel's answer
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Answered on June 22, 2015
A very useful book is "California Intellectual Property Laws, 2015 Edition" published by Matthew Bender [visit the link below]. While federal law...
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