Archived
What is the burden for use in commerce 1a application? Is it possible for someone to lie about first date of use and specimens?
Daniel's answer
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Answered on January 01, 2010
Procedural note: you posted your question in the "Patent Application" category but it reads more like a trademark question so that's how I'll...
Archived
Non-compete validity in contracting services
Daniel's answer
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Answered on January 01, 2010
Evaluating the lawful scope of a non-compete provision normally occurs once a person ends his or her employment. This is because during a period...
Archived
I am doing a project- Would using a video from youtube be legal?
Daniel's answer
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Answered on December 31, 2009
All documentary film makers need to learn about the "fair use" copying of others' existing works. I suggest that you read some of the literature...
Archived
Would it to be legal to manufacture sunglass frames and sell them with Oakley lenses if you do not claim that they are Oakleys.
Daniel's answer
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Answered on December 30, 2009
Anytime you incorporate someone else's property in a product that you intend to sell you NEED to have the product and marketing plan reviewed by an...
Are there any legal ramifications if I paint Bruce Lee's image on the side of my building?
Daniel's answer
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Answered on December 30, 2009
A "right of publicity" protects all of our names, images, and likenesses from commercial exploitation by others (a right that, as Ms. Koslyn notes,...
Archived
Photographer copyrights in NY and MA
Daniel's answer
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Answered on December 30, 2009
Q: Is it still true that the photographer has copyrights to my photos and not myself?
A: Yes -- unless the written agreement that the two of...
Archived
Can I display thumbnails of images from another site on my site, if clicking on the thumbnail directs back to the original site?
Daniel's answer
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Answered on December 29, 2009
None of the facts or analysis has changed since your last question: You're displaying someone else's copyrighted photograph via your website. As a...
Archived
Can I link to a (free/PD) image on another web site from mine, or should I copy it to my server?
Daniel's answer
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Answered on December 28, 2009
Responding to your additional information, my response remains unchanged. It makes no difference whether the link is embedded in the file of a...
Archived
Blog and intent to use trademark
Daniel's answer
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Answered on December 28, 2009
The name of your blog can serve as a trademark so long as it does not identify or merely describe the blog content that you'll be discussing. If...
Archived
Can I link to a (free/PD) image on another web site from mine, or should I copy it to my server?
Daniel's answer
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Answered on December 28, 2009
Unless I'm missing something, you're asking whether linking is lawful. Yet the web is "the web" precisely because of the links to and from its...
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