EBay sellers are cutting pages from my client's art books and selling them as "prints". What are the legal issues here? Thanks
Daniel's answer
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Answered on July 01, 2013
I think your client's remedy, if it has one, is to be found wholly within copyright law. Contrary to Attorney Burdick's suggestion, the Lanham Act...
I drew a cartoon version of a famous athlete. Can I sell a tee shirt with the cartoon on it?
Daniel's answer
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Answered on June 30, 2013
If your drawing shows the athlete in his uniform then, in addition to acquiring a license from the athlete, you will also need a license from the...
I received a certified letter from Nike threatening to sue me over TRYING to import counterfeit jerseys into the US.
Daniel's answer
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Answered on June 30, 2013
In addition to seizing the merchandise that you tried to import, and referring you for criminal prosecution, Customs also has the option of...
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Why is it legal for us customs to sell counterfeit or trademark infringing merchandise to the public at auction?
Daniel's answer
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Answered on June 30, 2013
Q: "Why is it legal for us customs to sell counterfeit or trademark infringing merchandise to the public at auction?"
R: It's not and they don't....
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Is the character Felix the Cat in the public domain?
Daniel's answer
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Answered on June 30, 2013
As my colleagues note, whether you can lawfully create a Felix The Cat video game requires an inquiry into both the coyright status of that cartoon...
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Can i use create an animated short using a character modelled after Bruce Lee?
Daniel's answer
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Answered on June 30, 2013
Attorney Burdick's responsewrongly assumes that the Bruce Lee estate can assert a right of publicity in Bruce Lee's name and image.
Whether...
Archived
What does it mean if a trademark says no consent required?
Daniel's answer
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Answered on June 29, 2013
Assuming you're referring to a trademark used in the United States, the only official "registry' of trademarks is maintained by the U.S. Patent and...
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If I have a blog where people submit what they've learned, can I use, edit, and publish their information with a terms agreement
Daniel's answer
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Answered on June 28, 2013
With a proper and valid Terms of Use Agreement, yes, you may use, edit and publish material that other's submit to your website. Only your own...
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Can you protect a recipie with a patent or copyright ?
Daniel's answer
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Answered on June 28, 2013
Contrary to my colleague's conclusions, neither patent law nor copyright law can "protect [your] creations."
Very few [if any] recipes that...
Can a floral arrangement ,or gift basket be a design patent ? ( not the basket but your style of decoration) my style ?
Daniel's answer
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Answered on June 28, 2013
The "style" of a floral arrangement or gift basket is not patentable. The ornamental appearance of a particular, living floral arrangement is also...
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