Archived
Is a plagiarism suit possible without any copyright or author's name on the original work, but possibly with his IP address?
Daniel's answer
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Answered on May 10, 2012
So ... you want to know whether the law permits you to file a copyright infringement lawsuit [read that, you want to know if you can get any money]...
Archived
Further discussion about using emails someone sends me in a book I am writing.
Daniel's answer
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Answered on May 10, 2012
California Civil Code Section 985 states that "Letters and other private communications in writing belong to the person to whom they are addressed...
Archived
How can we protect our idea?
Daniel's answer
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Answered on May 10, 2012
The first step in making a business out of your "idea" is not to "protect" the idea but rather to clear the rights to put into action what you...
I have designed by wedding gown, and would like to trademark the design. Can I do this in the state of NC?
Daniel's answer
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Answered on May 10, 2012
Dress designs do not qualify for trademark protection nor copyright protection. Some very, very few may qualify for design patent protection. ...
Archived
Is the mind considered intellectual property?
Daniel's answer
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Answered on May 08, 2012
Q: "Is the mind considered intellectual property?"
R: Your question is not absurd. I read it to ask whether the legal construct we've...
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Can I take a photo of a product containing a brand logo and sell my photo for artistic purposes..not commercial or editorial?
Daniel's answer
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Answered on May 07, 2012
In the Ninth Circuit, when considering whether a work of art infringes a trademark the test is NOT the normal “likelihood of confusion” analysis...
Archived
Tired of trying to build my invention, need help selling it on to a bigger company to flush out the details. Don't trust NDA's.
Daniel's answer
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Answered on May 07, 2012
As Attorney Burdick notes, you don't have an invention yet -- let alone a product. My take is that your money is best used by hiring a product...
Can I use parts of vintage magazines and other printed images in a mixed media collage? Or do I need permission?
Daniel's answer
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Answered on May 06, 2012
The fact that each single piece of art that you create includes many different media ["newspapers, paint, images, words, etc."] from different...
An attorney that will do a patent for a share in it? Instead of for a a fee.
Daniel's answer
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Answered on May 06, 2012
There is no uniform law regarding whether an attorney may accept an ownership interest in a patent application, and any patents that may issue from...
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Archived
Can my business ask a photographer not to post images of inside our property?
Daniel's answer
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Answered on May 06, 2012
I agree with my colleagues that you very likely granted the photographer a license to publish on her website the photographs and videos of the...
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