Archived
Do examining attorney's office actions have any weight in the ttab during a trademark opposition proceeding?
Daniel's answer
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Answered on September 18, 2013
The TTAB gives no weight to registrability decisions made by Examining Attorneys -- let alone to any decisions memorialized merely by an Office...
Archived
Can i legally compare and criticize in a sense a competitor to my company?
Daniel's answer
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Answered on September 18, 2013
If done correctly, yes, it's lawful to do what you propose. You need, however, to query Google for "comparative advertising," read up on...
Archived
Can I share pictures on Facebook and Instagram of my product with other brand names in the picture or do I need permission?
Daniel's answer
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Answered on September 18, 2013
You should not post on your company's Facebook page a photograph that shows both your product and some other company's product [which would be the...
I want to use a Winston Churchill quote (cited) on fundraising t-shirts and my business cards. Is this copyrighted material?
Daniel's answer
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Answered on September 18, 2013
No one but your own attorney can provide you with actionable legal advice. In this situation, you're asking for a legal "clearance opinion" on...
Simple way to search for expired trademarks?
Daniel's answer
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Answered on September 18, 2013
Trademarks do not "expire." Trademark registrations may expire. But even if a mark owner's registration expires that fact has NO bearing on...
Archived
Is it stealing intellectual property if I use a photo I took of a gate that I built on my new company website?
Daniel's answer
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Answered on September 17, 2013
I agree with Attorney Erikson. A subcontractor is not an employee of the contractor. The copyright work for hire doctrine, therefore, is wholly...
Archived
Have the courts errored in jurisdiction with Ed Magedson – ripoffreport.com?
Daniel's answer
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Answered on September 17, 2013
Q: "Would not the proper jurisdiction by the that of the owner or the claimant?"
R: No. The rule, generally stated, is that a defendant must be...
Is it legal to alter/modify vintage clothing, remove their original labels and then sell them using my own label?
Daniel's answer
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Answered on September 17, 2013
What you propose is unlawful "reverse passing off" [query Google for the phrase]. You will very likely be sued by the clothes manufacturers.
Archived
I registered a copyright (PA) for a song that a former co-writer contributed 1 verse of lyrics. Can I file a derivative claim?
Daniel's answer
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Answered on September 16, 2013
I think you're saying that you and the other person co-wrote a song [Song A] which you subsequently changed and recorded [Song B]. You want to...
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Archived
Generally, are all decisions made by the Interlocutory Attorney during a trademark cancellation proceeding considered non final
Daniel's answer
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Answered on September 16, 2013
Q: " ... if one feels the IA abused his discretion or made an error in law can that be taken to the Director in a Petition?"
R: Yes. See TBMP...
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