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Questions Answered by Fritz-Howard Raymond Clapp
1 Answer | Asked in Trademark for Nebraska on
Q: Is it against the trademark to state "fits the American Girl doll" on the listing of my crochet patterns?

On the pattern itself, it just says for 18-inch dolls. But in the description and search it states AG 143 Hiking Set - Crochet Pattern for American Girl Dolls

This is for the “PATTERN” only Not the completed item!

Fits the American Girl, Madame Alexander, Springfield, and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2022

Your use of the doll trademark to specify that the pattern fits that doll is "nominative fair use" of the trademark. It is not an infringement since you are not selling dolls or competing with the trademark owner, just informing the pattern market what doll yours fits.

2 Answers | Asked in Contracts, Copyright and Business Law for Colorado on
Q: What to do ?

I started a new instagram account for my twin boys and have posted a video that reached 6 millions views in a week or so and a company contacted me to get a permission from me to share their video in their social media and I will get 60% and they get %40. So I just want to talk with an attorney... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 12, 2022

You should consult an attorney to register the copyright in the work, and to represent you in the licensing transaction.

The licensing deal should acknowledge your ownership and provide for a periodic accounting of revenue so that you can be assured of proper payment.

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2 Answers | Asked in Trademark for Florida on
Q: How do i get my artist name trademarked
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 31, 2022

A performer may apply for federal registration of his/her stage name, if it is not confusingly similar to another performer who has used the name earlier in time. The application would be made for entertainment services, and could also be supplemented by registrations for use on fan merchandise.... Read more »

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1 Answer | Asked in Trademark on
Q: Can I register a trademark that is actually in section 8???

If I saw a trademark of the 80’s, that is actually in section 8, can I register again???

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2022

Section 8 of the trademark law requires periodic filing of a statement of use and specimen showing the owner continues to use the mark, and the failure to make these maintenance filings will result in the cancellation of the registration. This does not necessarily mean that the owner ceased using... Read more »

1 Answer | Asked in Copyright for Pennsylvania on
Q: Can I make a play on a name of a series for the name of a blog.

I want to make a blog about exterior remodeling and we do a lot of James Hardie products. So my main source of content would be tips and tricks for installing as well as reviews and other aspect of home remodeling. But I don't know if It'll be copyright to the series The Hardy Boys as... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 22, 2022

Although James Hardie Industries owns the trademark HARDIE for siding materials, your use of the word as the name of an informative blog would not be infringing. Regarding the old Hardy Boys works of fiction, the titles themselves are not the subject of copyright and your use would be... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Hello This was my trademark I didn’t use a lot because of covid emergency I would like to deactivate the trademark

The name was Versatilis Couture

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 17, 2022

The intent-to-use application to register "Versatilis Couture" was approved for publication and then a notice of allowance was issued on 06/05/2019. Since there was no statement of use filed within the required six month period, the application was abandoned and cannot now be revived.... Read more »

1 Answer | Asked in Copyright for Georgia on
Q: If I plan to publish poetry under a pen name, how do I ensure the works are legally protected as my own?

I want to keep my identity private but still want to be sure I will have full control over my work. How do I do this in regards to submitting to magazines, journals, etc? And if I were to want to copyright a future collection, should it be under my legal name or my pen name?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 15, 2022

There is a provision in the application to register the copyright in a work and identify the author's "pseudonym". Many authors have used pseudonyms: Mark Twain was Samuel Clemens, for instance.

The application to register the copyright will show your legal name as owner...
Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Making a book about film locations in LA. Can I include a still from a movie as (transformative) fair use?

I plan on selling the book eventually. There won't be more than one still from any 1 movie.

An example would be that I would have a page that shows Monument Valley and there would be a still from the Forrest Gump running scene on the page. The text of the page would describe the... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 14, 2022

Use of a single still from a movie to identify a scene and location is definitely "fair use" under the copyright law; and you correctly observe that the use in a book to illustrate factual exposition is "transformative" use of the original copyrighted material.

It would...
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1 Answer | Asked in Trademark for California on
Q: What form do I need to transfer ownership of a trademark to a different individual?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 5, 2022

Since a trademark is a business asset that represents the goodwill associated with the goods or services, the right to use the mark can be assigned only along with the business goodwill. The assignment is a simple agreement between the assignor (the trademark owner) in which the mark is assigned... Read more »

3 Answers | Asked in Trademark for Texas on
Q: can we reinstate this trademark with Serial Number88894416
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 2, 2022

The application to register "DR. D'S REMEDIES" has been abandoned due to the applicant's failure to respond to the trademark examiner's Office Action of July 30, 2020 within the required six months. The application had several deficiencies which had to be addressed. The... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: I have a fed trademark, someone is using trademark on website. I sent out c & d letters what paper to file to court?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2022

The federal registration entitles you to the remedies of injunctive relief and money damages by suing in federal court for infringement. Consult an experienced trademark attorney to review the case and bring an action in the appropriate venue.

1 Answer | Asked in Copyright for Texas on
Q: I am writing a film workbook and I want to basically copy and paste movie titles into it. Will that be an issue?

Many of the fonts used in these movie titles are customized just for the title of the film.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2022

The titles are not the subject of copyright, so their use to refer to the movies is not infringing.

1 Answer | Asked in Copyright on
Q: I want to register my brand under the name Yelani soaps. I live in Portugal.But I will sell in the US. Is this possible?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 31, 2022

Federal trademark registration is available for goods sold in the US regardless of the residency of the owner, but the application must be made by an attorney licensed in the US.

There is currently no registration for Yelani used as a brand for soap.

1 Answer | Asked in Contracts and Copyright for Georgia on
Q: I am an author and I am looking to sell licensing rights to my book. Is the first step to register the copyright?

And then once it is registered as a copyright would the next step be to draw up a contractual agreement with the person who wants to buy the license? Or is there a premade license that the person can buy?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 30, 2022

It would be prudent for an author to register the copyright in the unpublished work before offering it for publication.

Established publishers have their own forms of agreement to acquire the rights to publish books, with a variety of terms regarding how and when the author is compensated....
Read more »

2 Answers | Asked in Trademark for New York on
Q: I need to correct information regarding my trademark on Justia. How do I do it?

My entity's name has been changed, as well as original owners address. Also this trademark has been fully reinstated after appeal. I am referring ONLY to JUSTIA site. On USPTO it is already correct.

https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=90071896

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 29, 2022

If you are referring to an active federal trademark registration, these changes can be made by updating the registration at the USPTO. Consult a qualified trademark attorney to assist you with this simple task.

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1 Answer | Asked in Trademark on
Q: Amazon says other sellers can use my trademark in Canada if: see below is this legal?

When using a trademarked word in its ordinary dictionary meaning.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 28, 2022

The short answer is yes, anyone can use a ordinary dictionary word to describe goods or services, and no one can claim the exclusive right to use such a word as a trademark. To have the exclusive right to use a mark it must be sufficiently distinctive that the prospective purchaser can recognize... Read more »

1 Answer | Asked in Trademark for Georgia on
Q: Did trademark name defye Serial Number77481817 expire? What’s Status: 710? Defye to me is deafeye via deaf artwork

Can I use that name freely and within my rights for the purpose of using defye to implement a online deaf artworks platform

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 23, 2022

Reg. 3571870 for the mark DEFYE used on apparel was cancelled in 2015 for failure to file a statement of continuing use. That does not necessarily mean the owner ceased using the mark, but even if still is, your use of DEFYE (or the homonym DEAF EYE etc) would not be infringing. You should... Read more »

2 Answers | Asked in Trademark on
Q: hi, I would like to know how can I open a trademark if I am not a resident of the USA country?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 12, 2022

Application for federal registration of a trademark by a non-US citizen can be done through a qualified US attorney, if the mark is being used for goods or services sold in the US. Contact me for a free consultation.

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1 Answer | Asked in Copyright for Texas on
Q: If you leak OnlyFans content on a forum will you be arrested or charged?

A forum where all people do is post OnlyFans leaks is there a possibility of doing jail time? Or prison time?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 29, 2022

Copyright infringement of this sort is a civil matter, so you should not fear criminal consequences.

You should, however, mitigate the possible damages by removing the post that infringes.

1 Answer | Asked in Trademark for California on
Q: Can I register a trademark for a name that I used first, but another company is using it?

Years ago, I have published a product design on Github under a distinctive name and I planned to manufacture it, but now someone else has launched a similar product for the same purpose with exactly the same name. My design is recognized with 500 likes, but I never sold it as a product. The other... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 29, 2022

Federal registration of a trademark is based on its "use in commerce" which generally means sales (or at least advertising for sale). Whether the nature of your prior use qualifies is problematic.

You should consult a qualified trademark attorney to review the matter and advise...
Read more »

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