Archived
I opened as amazing cupcake & was contacted by someone stating that they have a business called amayzing cupcake. Infringement?
Clark's answer
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Answered on April 20, 2012
The above answers provide enough differentiation to recognize that further analysis is required with more facts. If you have already received a...
Trademark Infringement - Recycled Products?
Clark's answer
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Answered on March 22, 2012
Trademark infringement applies in situations where there is a likelihood of confusion created by a third party use of trademark rights. As a...
Archived
For a new company logo do I have to register it for trademark before using it on my website and such?
Clark's answer
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Answered on February 17, 2012
In short, NO you do not have to register the mark to use it in commerce. BUT, if the company plans to use it widely and has invested money in...
Archived
My biz name's registered & trademark w/the u.s.patent office& being used in part, by others biz in the same industry. My rights?
Clark's answer
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Answered on October 18, 2011
You have described a situation that may have recourse, and may not. Since you have two decades worth of investment in this business, it is worth...
Archived
Cease and Desist for Trademark Infringement
Clark's answer
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Answered on September 27, 2011
First, you have provided a serial number for an application. Are you sure it has a federal registration? Second, based on the simple facts you...
Archived
Accused of trademark infringement due to simular business name. Trademark was initials only of their business, abandoned 3/9/06
Clark's answer
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Answered on July 25, 2011
There are not enough facts in your question to provide an adequate answer. However, since you have already been contacted, you should strongly...
We have received a invoice for a copyright infringement we were not aware of
Clark's answer
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Answered on July 05, 2011
As stated previously, this is a matter that must be taken seriously. And, there are not enough facts to provide any comprehensive suggestion. ...
Archived
Can I be forced to sign a contract stating that I will not work for a competing company if I decide to leave my current employer
Clark's answer
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Answered on June 02, 2011
The non-competition issue has been a hot topic here in Georgia since December, 2010. The legislature has gone back and forth and recently decided...
Archived
Is this a copy right violation? (software)
Clark's answer
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Answered on April 22, 2011
My colleague Ms. Koslyn is correct. There may be some cross-issues involving copyright infringement and patent infringement. While copyright...
Archived
Are privacy policies and user agreements susceptible to copyright infringement?
Clark's answer
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Answered on April 22, 2011
Some issues of copyright law are easy to diagnose (e.g., registration). But, copyright infringement is a different animal that must be carefully...
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