In copyright law, what's the practical difference between the idea, the expression, and the language used to describe the idea?
Assaad's answer
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Answered on June 24, 2021
The philosophical portion of your question is one that you don't have to be too concerned about as a creator. That part is for the judges and...
I'm wanting to sell clothing with the "Kodak" logo since its public domain. Am I allowed to?
Assaad's answer
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Answered on June 22, 2021
Kodak as a trademark still has plenty of live registrations. Even though it dissolved, it is still possible someone else has the rights to the...
Can I use nerf to name our show truck?
Assaad's answer
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Answered on June 18, 2021
What industry is your show truck in? That's the biggest question you will need to answer.
You don't want to infringe on the NERF trademark owned...
Hemi is trademarked by Chrysler in an automotive classification. Can I use the word in my charcoal grill business?
Assaad's answer
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Answered on June 18, 2021
Cars and grills are vastly different industries, so it's more likely that you could push forward with your idea without any push back from...
Can I use the name Prime Baseball if USA Prime Baseball is trademarked?
Assaad's answer
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Answered on June 18, 2021
If you were using the trademark of "Prime Baseball" before USA Prime, then it's possible you have senior rights to them in your state.
If you...
Can I sell prints of a celebrity portrait I did 10 years ago? It was for a magazine but I have the copyright now.
Assaad's answer
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Answered on June 15, 2021
Did you give away any rights to the magazine? What about the celebrity's right of publicity?
The right of publicity prevents the unauthorized...
Can i use professional sports teams logos on the front of a book I am self publishing?
Assaad's answer
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Answered on June 14, 2021
Are you currently affiliated with any of these teams? Do you have permission to use their logos?
If no, then you run the risk of trademark...
Are similar names spelled differently in the same field susceptible to trademark infringement?
Assaad's answer
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Answered on June 12, 2021
Your suspicions are correct. Your team name could be seen as confusingly similar to the other team name. A trademark can be confusing based on...
What if SomeOne else resgistered my drawings to be copyrighted?
Assaad's answer
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Answered on June 11, 2021
The Copyright Office has good instructions. You should double-check the instructions for filling out a copyright registration form. If you have...
Will a trademark be rejected or contested based on similarity of these names?
Assaad's answer
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Answered on June 09, 2021
Hard to tell through a made up example. The more similar a name looks/sounds, the more likely it is to get rejected. If you're in similar...
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