Can I use the term "jedi" in the name of my church as long as it is with other words without worry of legal infringement?
Daniel's answer
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Answered on December 01, 2019
No. The word "Jedi" serves as a trademark -- perhaps a "famous" one. While it's lawful to use that word to refer to the Jedi characters in the Star...
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Can a graphic designer reserve the right to copyright a design I paid them to create?
Daniel's answer
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Answered on December 01, 2019
Yes. The author of a copyrightable work (such as a sufficiently creative design) owns the copyright in that design even if someone paid the author...
So I’m thinking about opening a store of replica shoes, can I sell them if I make it known they are obviously fake?
Daniel's answer
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Answered on December 01, 2019
Selling a counterfeit product is unlawful even when the purchaser knows the product is counterfeit. Advertising the product as counterfeit...
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Can I use a movie title for a clothing line?
Daniel's answer
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Answered on December 01, 2019
Depends on the movie title. "E.T." is a definite no. "Hard Candy" is a yes. "Braveheart" is a maybe. Some well-known movie titles are used by...
Can you apply for a design patent for a product after the utility patent expires on lifetime term?
Daniel's answer
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Answered on December 01, 2019
You've already received very good responses. I write only to note that to qualify for design patent protection a design must be novel. So, in your...
If the utility patent has been lifetime expired will ® protect the brand look from others making a similar product
Daniel's answer
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Answered on December 01, 2019
So ... like many others, you want to know how to stop copycat products from competing with yours once your patent expires.
The law can provide...
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What will happen if my trademark is canceled due to improper use in commerce ?
Daniel's answer
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Answered on December 01, 2019
Trademark rights are created by the lawful use of a mark in commerce -- NOT by securing a registration for the mark. Registration is voluntary, not...
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Can a clothing brand sue me for selling an item of theirs that I purchased at goodwill? I’m reselling the tshirt on a app.
Daniel's answer
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Answered on November 23, 2019
If the shirt hasn't been altered and is otherwise genuine -- that is, actually manufactured by, or manufactured under the authority of, the brand...
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If a collaboration (song) is made and published AND a small sample of the song appears in a video game...
Daniel's answer
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Answered on September 29, 2019
All the collaborators (i.e., each songwriter and each performer).
When a work of authorship is created a copyright automatically "subsists" in...
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How can i find out if my fathers name has been copyrighted, and if we do copyright it how long does it take ?
Daniel's answer
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Answered on September 14, 2019
As my colleagues note, your own California-licensed intellectual property attorney needs to look into whether your father's name, or nickname, or...
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