Archived
Explain how a French court would analyze the issue of whether the French bbcs are infringing upon Limited Wilbur’s prop. right?
Daniel's answer
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Answered on March 02, 2018
Your question is well-known among those who teach and study international intellectual property law and was taken directly from the book...
Archived
This one is for my fellow trademark practitioners: How valuable is requesting oral argument in an ex parte appeal?
Daniel's answer
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Answered on March 02, 2018
Bryan, your question has been asked a few times over the years on the E-trademarks listserv [ See http://oppedahl-lists.com/mailman/listinfo ]. ...
Can i use this design or is it copyright infringement? if so, can i change anything on it to make it work?
Daniel's answer
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Answered on March 01, 2018
There's already a line of shirts for sale that displays "Bradagonia" on a Patagonia mountain background.
Whether offering those products for...
Archived
Can the name Dr Suess be written on a cake?
Daniel's answer
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Answered on March 01, 2018
Unless the customer or the cake recipient's name is Dr. Seuss then displaying that name on the cake is very likely a trademark violation --...
What are your options if you used your last trademark extension and fail to satisfy the "use in commerce" requirement?
Daniel's answer
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Answered on March 01, 2018
Q: "What are our options in case we fail to use the trademark in commerce by our final deadline?"
R: None - that application will go abandoned...
Why would a trademark coexistence agreement exclude a license agreement or need to comply with USPTO 1207.1 (d) (viii)?
Daniel's answer
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Answered on March 01, 2018
First, it makes no sense at all to formalize a trademark deal without an attorney and, second, no sense at all for the other party to draft the...
Archived
YELP IS HURTING MY BUSINESS
Daniel's answer
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Answered on March 01, 2018
Many small businesses have sued Yelp over the years for how it manages its consumer product review site. None have succeeded (with one exception...
Legal Protection for Quotes/Phrases
Daniel's answer
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Answered on February 28, 2018
A quote short enough to be readably displayed on a t-shirt is very likely not copyrightable because there are very limited ways, if not only one,...
Is there a waiver or permission form I can have people in my memoir book sign?
Daniel's answer
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Answered on February 28, 2018
Speak with your own Mississippi-licensed intellectual property attorney. It's unlikely you'll need permission to convey truthful facts about...
Archived
If a company name is copyrighted but its only one word, and a common word, what are the limitations of uses for the public?
Daniel's answer
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Answered on February 27, 2018
Copyright law does not apply: trademark law does.
Here’s the general rule: It’s unlawful under trademark law to distribute a product or offer a...
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