Archived
I have been offered a small fee for my domain name, can I negotiate a better price or is it too risky?
Daniel's answer
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Answered on October 25, 2013
Q: "Sony own the trademarks to (x) and (y) but not the combination of these words so surely no legal action could be taken."
R: Well, that's not...
Archived
Can you patent a new ingredient (new formula) for an existing product?
Daniel's answer
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Answered on October 25, 2013
Sounds to me like you've discovered how to make "Candy Z" using "Protein X Extract" instead of using "Product A." Is this method of making "Candy...
Are movie quotes copyrighted?
Daniel's answer
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Answered on October 25, 2013
As my colleagues note, printing quotes on a tee shirt is likely lawful under copyright law but it may be unlawful under trademark law --- even if...
Archived
I sued the Registered Business Name of the entity. It is replying with its Doing Business As name.
Is that legal & ethically?
Daniel's answer
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Answered on October 24, 2013
A company doing business in California may lawfully do business using the trade name that it registered with the California Secretary of State and...
Archived
Am I guilty of trademark infringement?
Daniel's answer
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Answered on October 24, 2013
Q: "I would like to know if I can sell it and not be accused of trademark infringement."
R: Not trademark infringement, but very likely accused...
Archived
Can I use "Talk Football" for an online discussion page when Football Talk is trademarked on USPTO?"
Daniel's answer
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Answered on October 22, 2013
It is very unlikely that "Talk Football" is protectable as a trademark to brand any service related to discussing football. So, the short answer is...
Archived
Does the removal of a particular element of a tradedress affect the overall commercial expression ?
Daniel's answer
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Answered on October 22, 2013
I have little interest in doing someone else’s legal research. You should visit the TTAB’s database of its decisions [...
Archived
After translation: Which comes first: contact a literary agent/publisher or author's estate?
Daniel's answer
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Answered on October 22, 2013
One approach is to contact the author's foriegn publisher to inquire into whether it has the rights that you need -- that is, the right to...
Archived
My question pertains to architectural drawing copyright and contract law.
Daniel's answer
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Answered on October 22, 2013
Only your own intellectual property attorney can provide you with any actionable advice after reviewing (1) the contract(s) between the...
Archived
I have received a DMCA takedown for digital products I sell on my website. I am inquiring about what options I have to fight it.
Daniel's answer
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Answered on October 22, 2013
There's no getting around having to hire an intellectual property attorney to handle this matter. And just to clarify: Your payment processor...
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