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For example, they advertise a 20lb bag of ice, which they didn't have, and refused to sel 2 10lb bags for the same price.
answered on Jan 5, 2019
It depends on the specific facts. The Florida Deceptive and Unfair Trade Practices Act (FDUTPA), 501.201, might provide a remedy for damages, but sellers do get some leeway in their advertising. If they only had one twenty pound bag at a special price to lure customers into the store, only to... View More
I'm involved with a company that has a large community of 41,000 members on a social site. The original founder Janet has passed away recently, and someone named Melissa who is involved with a person named Dave who would take photographs specifically for the social page has threatened to sue... View More
answered on Dec 26, 2018
This is a difficult situation. The start of the analysis is that the original photographer owns the copyright unless transferred by agreement to someone else. Based on the facts you provide, there might be an implied contract between the photographer and the group, either by the conduct of the... View More
answered on Dec 26, 2018
Are you selling the product? Mere possession of an item with a trademark is not necessarily infringement. Selling (i.e. generating revenues and profits) is entirely different. Unfortunately, there is not enough information in your question to provide any further insight. Good luck!
I and a few others manage a small community on a game called Final Fantasy XIV. It has a community system called "Free Companies," and I have designed, created and paid for merchandise(clothing, bags, small things) for our members to wear. We are not selling them for any profitable gain,... View More
answered on Dec 26, 2018
This is an interesting question. Presumably the "trademark" is something other than the logo or name pertaining to the game itself (since those rights are probably owned by the game maker), and I further assume your group has created its own name or logo. Trademark rights are based on... View More
I found a supplier for my product who is based in China, they have the mold of this product, but it is branded with the name of an Australian company who previously bought from this supplier. The Australian company has a copyright registered in Australia. Could I sell this product with their name... View More
answered on Dec 26, 2018
Maybe. Trademark rights are based on use, and if no one is using the mark in the US (either the Australian company or anyone else), then you might be able to sell the product or even acquire trademark rights to the name or logo. I suggest you read Person's v. Christman, 900 F.2d 1565 (Fed.... View More
paper, containers, residual waste For this, I need to use for example a sensor, camera, current dustbin or other existing products as the tecniques. I did some patent researches about the sorting waste receptacle (with 3 waste categories as mentioned above) and so far no patent found (I might be... View More
answered on Dec 26, 2018
What you really need is a patentability opinion from a registered patent attorney or agent. Navigating claims of existing patents and determining whether your discovery is patentable is a complex process. Even patents that are not directly related to your idea may prevent you from getting a patent,... View More
the information that is presented in the website is in a form of opinion of the supreme justice.
answered on Dec 26, 2018
There are likely a number of steps you have to take, and a little bit of detective work if you are unfamiliar with legal proceedings. First, you will need to identify the intermediate appellate court's case number (the court from which the opinion your reading), as well as the jurisdiction of... View More
I'd like to use the word "fearless" for a company name in clothing, decals, stickers, etc.
answered on Dec 26, 2018
This is a common question, and I have written a lengthy blog post that attempts to answer it fully: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
Basically, I bought a used car from a friend. He specifically told me multiple times over FB messenger/text that the transmission he had put in was new. I asked, brand new? And he said yes, it's new. Only to find out after I purchased the car he would not give me the paperwork from the... View More
answered on Dec 17, 2018
Attorneys are not likely to tell you your "chances" based on the information you provided since it's only one side of the story. You probably do have enough to file a lawsuit against your friend, but whether you win or not depends in large part on your credibility in front of the... View More
answered on Dec 7, 2018
You can try to search for similar names yourself. The state trademark database (for Florida, that's http://search.sunbiz.org/Inquiry/CorporationSearch/ByTrademark), or the federal principal register (USPTO TESS). But without someone trained in legal analysis of trademark issues, you're... View More
The character is an author who refers twice to her love of uni-ball rollerpens.
Although I am living in Australia, my client lives in the U.S.
answered on Dec 7, 2018
Regarding copyright, probably not, no. Mere passing reference to a product in a fiction novel probably does not implicate any copyright issues. But based on the information you provided, it may raise trademark concerns, depending on how prominent the brand is in the written work. Without knowing... View More
as above
answered on Dec 5, 2018
Unfortunately, your question is somewhat unclear. Who is the "your website" referring to? Generally speaking issued patents are a property right and the owners or assignees have the power to enforce them.
Hi, I'm curious if I re-purpose damaged comic books, manga books and books in general into household use items and sell them if it is intellectual property and/or copyright infringement? Would this be considered fair use of the original item or transformative use of the items since I am taking... View More
answered on Dec 5, 2018
It sounds like you have done some homework on this issue, which is great! It could be a transformative use. However, it really depends on how much you change the original copyrighted work into a new work. As for your second question about marketing your products, that is a separate issue that gets... View More
answered on Dec 5, 2018
That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.
The first question can be answered by a patent lawyer by performing a patentability assessment. The answer... View More
answered on Nov 30, 2018
Yes, possibly. It depends on a few additional facts, including the context of the original tweet, the context of your re-tweet, the economic benefit you're deriving from the use (if any), and others. It's a novel question that might be a good hypothetical for a law school exam. If you... View More
I use the CD set and transcript as part of my psychological therapy. I would like to purchase additional CD sets for my therapists and also give them a copy of the transcript that I made. Is this legal?
May I purchase CD sets and present them along with a copy of the transcript to... View More
answered on Nov 30, 2018
Preparing the transcript might be considered fair use or a derivative work. So long as you purchase as many copies as you are giving to others and using within your practice, the likelihood of a possible copyright infringement claim falls significantly. But without further information about... View More
I am a CAD designer for a large company and was instrument in contributing to the patent IP. There are multiple patents I have been excluded from.
answered on Nov 30, 2018
If you made an inventive contribution to a patent, then you cannot be excluded from it. However, improper inventorship on an issued patent can cause the patent to be unenforceable. For that reason, patent attorneys and companies generally try to make sure all inventors are included on an... View More
Can I still use the name in a different font with no logo?
answered on Nov 30, 2018
Maybe. It depends on whether your goods or services are in the same class as an existing trademark registration, and whether using the mark is or will cause consumer confusion. Even if not registered, common law infringement may also be a problem. I suggest speaking to a trademark lawyer and seek a... View More
I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation... View More
answered on Nov 30, 2018
It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark... View More
How long dose a judge have to respond to a order of license revocation to be lifted in fl my lawyer told me two-3weeks its been well over that time frame what should i do? Will i have to pay another lawyer to do the process over
answered on Nov 30, 2018
Your question is unclear. Judges don't generally have a duty to "respond to an order" unless an order is directed specifically to that judge or a particular court. If the process is dragging on longer than you would like, consider getting a second opinion on your case. It sounds like... View More
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