Archived
I have a trademark for the term "BlondeNerd." Does this trademark protect use of the term "Blonde Nerd" (with a space) as well?
Daniel's answer
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Answered on May 06, 2014
Hmm. I have a different take.
1. If someone brands a product or service "Blonde Nerd" and that product or service is not related to whatever...
Archived
Can my site and business get shut down because of trademark (different sectors)?
Daniel's answer
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Answered on May 06, 2014
I disagree with my colleagues that "pillow, bedding and home" products are sufficiently related to fashion products that the same mark cannot be...
Should a Non-U.S. Resident file a counter-notice against a DMCA?
Daniel's answer
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Answered on May 06, 2014
So:
(1) you published copyrighted material on a website,
(2) someone in the U.S. believes that material infringes its copyright and so filed a...
Archived
Making ringtones for personal use
Daniel's answer
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Answered on May 05, 2014
Whether it's lawful or not to make ringtone out of the song does not depend on whether the song is embodied in digital form or on a compact disc....
Can i sell phone cases that look similar to other brand but has my logo, packaging, etc.
Daniel's answer
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Answered on May 05, 2014
As noted by my colleague, the visual appearance of cell phone cases can be protected by a design patent and under trade dress law. Before you buy...
Is an employee liable for infringement of copyright if they know they are breaking copyright if supervisor says to go ahead?
Daniel's answer
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Answered on May 05, 2014
An infringer is ALWAYS liable to the copyright owner for the infringement. The question that your fact pattern raises is whether the infringer's...
Archived
Fashion jewelry copyright infringement
Daniel's answer
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Answered on April 26, 2014
In addition to the suggestions offered by my colleagues, you and your own intellectual property attorney should also consider notifying your...
Archived
The Huffington Post uploaded my image to their website and social media sites. What do I do now?
Daniel's answer
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Answered on April 24, 2014
I'll note only that if you did not take the photograph then you are NOT its author and, therefore, NOT the owner of the copyright in the...
Archived
Can a business own a copyright on a football necklace design?
Daniel's answer
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Answered on April 24, 2014
Attorney DiNardo has already ably answered your question.
I write only to note that when reviewing a copyright registration application, the...
Archived
Would it be a trademark violation?
Daniel's answer
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Answered on April 24, 2014
Yes.
Speak with your own trademark attorney to discuss the few instances when it's lawful to publish another's trademark in your advertising.
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