Archived
Own registered trademark in USA. Ex agents using two websites that is under my trademark and gets directed to their copy brand
Daniel's answer
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Answered on April 08, 2015
As my colleague gently notes, it would be challenging, at best, to persuade a judge or jury to conclude that the trademark "Tatostix" infringes the...
Archived
What is covered under "First Sale Doctrine"?
Daniel's answer
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Answered on April 08, 2015
No.
The copyright first sale provision states: "Notwithstanding the provisions of section 106 (3), the owner of a particular copy or...
Archived
How to fight copyright trolls?
Daniel's answer
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Answered on April 08, 2015
So a copyright owner who asserts its rights against someone who unlawfully copies the [very expensive to create] copyright-protected work is a...
If you register a trademark, can you sue a company for using it who has used it prior to your registration?
Daniel's answer
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Answered on April 07, 2015
What happened to Company A?
Any way, if:
1. Company B's "name" actually serves as a trademark [many trade names do not] and
2. that use began...
Archived
What are the copyright laws for excerpting from books/essays/poems/etc if the intended use is for educational purposes.
Daniel's answer
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Answered on April 07, 2015
The scope of lawful fair use of another's copyrighted work for educational purposes is FAR more restricted than you -- and my colleagues -- seem to...
Is the website putlocker.is legal?
Daniel's answer
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Answered on April 07, 2015
I won't pass on the ethics of watching infringing copyrighted material via the internet.
As far as the legal analysis, it’s straightforward:...
Would a public school be considered a commercial setting?
Daniel's answer
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Answered on April 07, 2015
As you and one of my colleagues rightly note, 17 U.S.C. section 110(1) permits the unlicensed performance of a copyrighted work "by instructors or...
Perpetual Patent Pending status or a fraud?
Daniel's answer
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Answered on April 07, 2015
You've already bought the person's product. So why do you even care if his product is patent protected or pending patent protection? Or, more...
Archived
Selling original design t-shirts regarding political issue.
Daniel's answer
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Answered on April 07, 2015
Assuming the "political figure" is, indeed, a well-known politician then I see very little legal risk, if any, in making and selling a shirt that...
Archived
There are other people using band names similar to mine and it is causing confusion. We have been around since 1998.
Daniel's answer
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Answered on April 07, 2015
As my colleagues note, your own trademark attorney needs to evaluate the circumstances and to advise you in private. You should track down a...
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