My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the... Read more »
Torts committed by a company director/owner/employee can be pursued against the individual. Infringement is one such tort. It sounds like you may have some defenses, and I would be pleased to discuss the case further with you: 202-713-5292 (cell).
I have been harassed by a troll website for the past few years and they continue to post my copyrighted works, namely: a book and a song. A few days ago, I sent the owner of the site a DMCA take down notice with all of the requirements for take down. I was informed by others that my copyrighted... Read more »
While it's best to provide a specific URL for avoiding arguments about sufficiency of a DMCA notice, you are correct, there is some leeway that a copyright owner has in providing a notice. However, if you are unable to identify the precise location, that itself is indicative that the website...Read more »
I have an etsy shop and listed a handmade box and book with flower seeds. It focuses on Papaver somniferum common names are Opium Poppy, breadseed poppy. Etsy took it down today saying poppy pods and poppy straw are prohibited. I don't want to argue with them but is this just etsy or is... Read more »
any attribution of my contributions within press releases of the work — despite the fact that only my contributions appear in that press release. The attribution of the songs lyrics, and ideas in the NPR press release include every other joint-author excluding me. This enriches the other... Read more »
Short answer: maybe. Long answer: it probably depends on how clear the evidence is that you were actually an author on the subject work. Have any of the other authors (or anyone generally involved in the development/project) claimed that you did not make any creative contribution to the final work...Read more »
A third party debt collector has obtained an old debt of around $700. This type of debt is beyond the statute of limitations in my state of PA. I am mailing a letter stating such debt is beyond SOL, thus time-barred. Also, I am requesting no further contact. Can/will this collector still (attempt)... Read more »
There may be case law in your jurisdiction the talks about debt collectors seeking to recover monies on that's that are barred by the statute of limitations. At least one case has held that attempting to collect a debt on an expired statute of limitations may be contrary to the fair debt...Read more »
Abandoned marks don't necessarily mean you can get your own registration. I've written an extensive explanation on abandoned marks here: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
You might be able to sell your product, but I think your real question is whether by doing so you would infringe another's rights (e.g. trademark rights). Trademark rights are based on use, and registrations are simply evidence of a claim to a trademark. They are not the source of the right....Read more »
I'm sure there are. Use a platform, such as Justia, to try to find someone who practices in medical malpractice, AND who has done dental malpractice. But Mr. Black does raise a good concern: if your damages are small, the contingency fee incentive for a lawyer to take your case may be too small.
I own a beauty salon in Sarasota, Florida. 1099 worked with us for 2 years, learn all details of my business and open a studio from her house 5 miles away from my salon. Agreement that she signed says that she cant practice within 10 miles from my business for 5 years.
Quite possibly, yes. The geographic restriction might be enforceable, but the full answer to your question depends on an analysis of the contract that was signed, and the circumstances surrounding the contractor's work with you (as well as what you do/did to maintain secrecy over the...Read more »
If I were to buy direct from a factory overseas (such as a nike factory) could I receive the items here in Canada and sell them as new and authentic (because they are authentic nike). If not, could I removed the tags and sell it as used? Thanks for the help.
For the media items, like movies & tv shows, I have embedded trailers from YouTube into the listings. According to YouTube, as long as videos are embedded and not copy & pasted, this is perfectly acceptable, allowable, and legal, found here:... Read more »
I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.
Trademark rights depend on use. You would need to search for similar federal (or state) registrations in the same class of goods or services and then analyze those registrations against your desired name and determine whether there is a likelihood of confusion under the DuPont factors. If that...Read more »
Very unlikely that you don't in some way infringe on the famous brand SKITTLES, irrespective of its use on an alcoholic product. You would likely be running into tarnishment / dilution / blurring kinds of infringement.
This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.
I think Mr. Mlynek's estimates are a bit on the high side. Like many things in life, you get what you pay for, but there are lawyers (or patent agents, people who are not lawyers but can help you file a patent) that charge less. I usually tell prospective clients to budget about $15,000 for a...Read more »
Typically in federal court the case will continue to proceed towards trial. The case management conference and order entered will usually spell out the deadlines for various steps along the path to trial. The parties are always able to voluntarily settle the case (and such agreement is encouraged),...Read more »
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example,...Read more »
Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead...Read more »
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