Questions answered by Daniel Nathan Ballard

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This is a slightly different slant. Is it legal to make a product for sale based on a fictitious landmark mentioned in a movie?

Daniel's answer | Answered on October 22, 2010

I disagree with my colleagues. The name of a fictional restaurant in a movie is NOT copyrightable -- and so there is no copyright issue in...

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What does it mean to disclaim a word in a trademark?

Daniel's answer | Answered on October 21, 2010

See my response to your other question. One note: Trademark rights are developed over time by their use in commerce, not by any sort of...

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What does it mean to disclaim a word in a trademark application?

Daniel's answer | Answered on October 21, 2010

When a trademark owner disclaims in its trademark registration a portion of the trademark, the trademark owner is declaring to the world that it...

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Can I print a state on a product and sell it?

Daniel's answer | Answered on October 21, 2010

Q: ... Every font would be wavy and not look like any college font except the occasional color might be the same. ... the website would say, "Take...

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Worst Case Scenario for Patent Infringement?

Daniel's answer | Answered on October 19, 2010

Q: If I decide to finish and start marketing my product (I am a couple of months away) what's my greatest risk? R: First, well done creating a...

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A jeweler, I designed a sterling necklace w/ a lovely phrase i made up. i want to protect my ip,so do i copywright or trademark?

Daniel's answer | Answered on October 19, 2010

Q: I designed a sterling necklace w/ a lovely phrase ... i want to protect it and make sure if someone steals it from me, i get to stop them and/or...

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Can photographers legally sell cropped, abstracted images of graffiti in microstock? Do the "artists" retain any rights?

Daniel's answer | Answered on October 18, 2010

You won't get a better response than the one by Attorney Bass. FYI -- For more information read the following NYT's article reporting on a...

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In regards to a David and Goliath issue of possible "Reverse Confusion" Trademark Infringment, is David SOL without deep pockets

Daniel's answer | Answered on October 18, 2010

Four points in addition to those made by my colleagues: (1) If the service that you provide as "Steam Sweeper" is carpet cleaning using a steam...

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Is it illegal to purchase from the Huaye International Trade CO., LTD. in China?

Daniel's answer | Answered on October 18, 2010

Attorneys Koslyn and Ross have already answered your question. If Huaye does not have a license from NFL Properties to sell the jerseys then you...

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I have an idea of reselling (not producing) a product and want to check if it is protected by patent.

Daniel's answer | Answered on October 17, 2010

If a person lawfully buys Product A and does not alter its packaging then the person can lawfully re-sell Product A even if that product is...

Daniel Nathan Ballard's Answers (10118)

This is a slightly different slant. Is it legal to make a product for sale based on a fictitious landmark mentioned in a movie?

What does it mean to disclaim a word in a trademark?

What does it mean to disclaim a word in a trademark application?

Can I print a state on a product and sell it?

Worst Case Scenario for Patent Infringement?

A jeweler, I designed a sterling necklace w/ a lovely phrase i made up. i want to protect my ip,so do i copywright or trademark?

Can photographers legally sell cropped, abstracted images of graffiti in microstock? Do the "artists" retain any rights?

In regards to a David and Goliath issue of possible "Reverse Confusion" Trademark Infringment, is David SOL without deep pockets

Is it illegal to purchase from the Huaye International Trade CO., LTD. in China?

I have an idea of reselling (not producing) a product and want to check if it is protected by patent.