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Montana Intellectual Property Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

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Q: I don't understand specific language in an NDA I'm being asked to sign. Can you help? (See More Information section)

A company wants me to sign an NDA before I submit a product idea to them (I'm a Product Developer). I'm not clear on what this means and it concerns me a bit: "Each party hereby expressly acknowledges and agrees that any failure to comply with the provisions of this AGREEMENT will... View More

Tania Maria Williams
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2020

I am not licensed in Montana but that looks like an injunctive relief provision. Whenever a breach of contract causes what we call “irreparable harm,” a party may try to get an injunction or other equitable relief. Many people put that provision into an NDA to be able to more easily get an... View More

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1 Answer | Asked in Intellectual Property for Montana on
Q: I have a more detailed question in regards to legalities to copyrighted photo use.

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

Griffin Klema
Griffin Klema
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

1 Answer | Asked in Business Law, Intellectual Property, Trademark, Business Formation and Copyright for Montana on
Q: What are some ways I can check on the legal rights I have to a potential name for a developing small business?

I am interested in starting a freelance writing business. I recently learned that before I can proceed with the name I will need to confirm that the name is not at all infringing on any copyright laws. I am pretty new to this stuff and I'd really appreciate some advice for how to go about... View More

Will Blackton
Will Blackton
answered on Dec 8, 2017

Short phrases and names are generally not protected by copyright law. What you're probably thinking of is trademark infringement - the key question being, will your name confuse consumers, that is, might consumers believe that your company is affiliated with or endorsed by E. B. White, Harper... View More

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