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2 Answers | Asked in Consumer Law for California on
Q: If a company makes an agreement or offer to you for a specific product in an email, do they have to honor what it says?

The company now states that thier employee provided the incorrect information and does not want to uphold what the email states.

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answered on Oct 14, 2024

A key factor would be if the employee who sent the email had the authority of the company to make binding decisions. If the employee held an executive title, such as Vice President of Sales, it is more likely than not that they had the authority to bind the company. Assuming the employee did have... View More

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1 Answer | Asked in Trademark and Intellectual Property on
Q: Hello there,I have a question. Can a company use the word "MagSafe" for its own product?

"MagSafe" is trademarked by Apple.

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answered on Jan 24, 2023

It would depend on the type of products. You should expect to be sued if you use "MagSafe" to market goods such as computers, mobile phones, battery packs, electrical cords, etc. For any other goods/services, you should definitely hire an experienced attorney to conduct a thorough... View More

2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More

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answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More

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1 Answer | Asked in Trademark for New York on
Q: Looking for info on how a city trademarks its slogan. Is there a legal process for this? Ie NYC- City that never sleeps
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answered on Jan 13, 2023

Such commonly recognized slogans are challenging to register.

A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a...
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1 Answer | Asked in Trademark and Business Law for California on
Q: I want to get bought out of a company but if I can’t would it be appropriate to file a company trademark under my name

Trying to get bought out of my position, but if I can’t, would it be a good idea to file the business’s trademark under my name as leverage?

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answered on Jan 13, 2023

Short answer: No.

Under 15 U.S. Code Section 1051:

(1)A person who has a *bona fide intention*, under circumstances showing the *good faith* of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by...
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3 Answers | Asked in Trademark and Copyright for California on
Q: Can i use vitastation as my store and trademark since it was abandoned?

I already purchased thevitastation.com domain.

Also vitastation.com domain is Available

Can use this name and register it as my llc and trademark?

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answered on Nov 16, 2021

It would depend on a multitude of factors. However, merely securing a domain would not by itself change the likelihood of a successful trademark registration. Strongly advise hiring an attorney.

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