Archived
A musician friend of mine died over 10 years ago. His family has no records of any copyrights, no legal papers, no nothing.
Daniel's answer
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Answered on January 04, 2011
First, rid yourself of assumptions. You do not really know, for example, if the new releases are "illegal bootleg" copies of the songs because you...
Archived
For a TM application, am I supposed to put the date of first use in?
Daniel's answer
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Answered on January 04, 2011
No date of first use is required.
See http://tess2.uspto.gov/tmdb/tmep/1000.htm#_T1009 : "Although §44 applicants must assert a bona fide...
Archived
My trademark registration doesnt have the first date of use mentioned anywhere. Its filed under 44(e)
Daniel's answer
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Answered on January 04, 2011
Applicants relying solely on a foreign registration as the basis for registration under section 44(e) are not required to assert actual use of the...
Archived
If a US trademark is based on a foreign UK registration, is the date of registration seen as the original UK registration date?
Daniel's answer
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Answered on January 04, 2011
The answer depends on whether the US application for registration was filed under the Lanham Act provision that allows owners of foreign marks to...
Archived
For 11 years I offered a program at a public school. At the end of each year the students were asked to write me a letter
Daniel's answer
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Answered on January 04, 2011
The word "illegal" implies the violation of a law with criminal penalties. So, no, publishing the letters would not be illegal --that is, it would...
Should I use a trade name or a company name when writing Terms of use for my site?
Daniel's answer
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Answered on January 04, 2011
There is nothing about what you're doing that's alright for you to do on your own.
Example 1: A trade name cannot be "bought" or sold [except...
Archived
Copyright Violation/illegal
Daniel's answer
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Answered on January 03, 2011
This is interesting -- you're inviting the hacker community to visit your website and yet you want to stop them from any "illegal use[r] of the...
Archived
I am contemplating writing a memoir. To do so requires naming names and recounting events that might prove embarrassing...
Daniel's answer
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Answered on January 02, 2011
You write: "I have no desire to defame anyone, but I cannot tell my own story without telling part of theirs."
It's bold, and maybe reckless, to...
Archived
Selling coped musicle CD's
Daniel's answer
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Answered on January 02, 2011
As noted by Attorney Koslyn, you may lawfully sell CD's that you have purchased. But only so long as those CD's are legitimate copies. If they...
Archived
Intellectual property question
Daniel's answer
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Answered on January 02, 2011
First, I don't know what an "avant garde" painting is. A painting is a painting.
Second, I assume that the "images form [sic] from his books,...
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