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Notarizing Trademark Instead of Registration
Dear Rich: I may be interested in securing trademark rights for a blog some time in the future, but I'm reluctant to pay for a trademark registration which may prove to be unnecessary. If I got a...
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Do I Need Model Release for Khmer Rouge Documentary?
Dear Rich: I shot an on-the-open-road documentary revolving around the killing fields of Cambodia and interviewed many people along the way about their experiences with the Khmer Rouge. I thought I was...
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Can I Say "Life is Good" on Zazzle Products?
Dear Rich: Could someone register a phrase as a brand name and not let anyone else use that phrase? For example: I created a design using the words "Life is good when the fish are biting." I posted it...
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Can I Score a Movie Using Existing TV Themes?
Dear Rich: While scoring a movie I've been asked to use two existing TV themes. Is this even doable? Do I need a music lawyer? Anything is doable in the world of music licensing. Assuming the owners of...
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Can I Write Fiction Using Patented Inventions and Copyrighted Architecture?
Dear Rich: To what extent do writers of prose editorial works (whether fiction or nonfiction) need to worry about patents and architectural copyrights? Can I write a novel in which characters use or...
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How Do I Register Revised Version of Previously Published Book?
early print-on-demand systemDear Rich: Some years ago, I wrote a novel. I briefly offered it through a print-on-demand service, but only a very few copies were actually printed before I thought better...
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Making an NDA With Someone in Remote Location
Dear Rich: Can you advise me as to the best process for arranging a non disclosure agreement with a party in a remote location? Can the agreement be signed and attached in an email? Would this be...
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Wants to Use Recycling Logo As Part of Trademark
Dear Rich: I started a small comic book publishing company called Disposable Fiction Comics, LLC. We are using the recycling logo as part of our logo. I know that the recycle logo is part of public...
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Can I Stop App Maker From Using My eBook Title?
Dear Rich: I recently discovered that a new Apple app is using my exact common law trademark -- a phrase associated with my former profession. Through Apple, I contacted the app designer, who said she...
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Same Sex Marriage and Copyright Redux
Back in 2013 when the Supreme Court made its DOMA decision, we reviewed the effect it would have on copyright law. At that time we indicated that the primary effect would be that in states where...
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Should I Quote Hemingway or Dickens in Stage Play?
Dear Rich: I'm working on a stage play. In my play, I wanted to have a character quote two separate passages from Hemingway's "A Farewell to Arms." The first is the first two paragraphs of the novel...
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The British Library Has Lost its Charm
British Library London" by Jack1956Dear Rich: I ordered some public domain works from the British Library (assume they are absolutely, without question public domain--written in 1800s), and the British...
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If You Write It, They Will Sue
Dear Rich: I wrote a novel that is set on the city street I used to live on. The year is 1968. It follows the interaction of a dozen kids, ranging in age. At some points the teasing between the kids...
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Does TM Registration Provide Priority for All Items Within the Class?
Dear Rich: Does a trademark registration grant the right to use a trademark only for the specific goods or for any/all goods within the category? For example, does a registration in Class 9 for an app...
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What Constitutes "Publication" Under Copyright Law?
Dear Rich: I wrote an “In Remembrance” booklet when a family member passed away. About 20 copies of the booklet were given to family, friends and neighbors. The booklet didn’t even have my name on it...
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Will an LLC Shield Me From Copyright and Trademark Lawsuit?
Dear Rich: I'm attempting to get licensing from several professional and collegiate sports associations, I've received licensing for some but not all and plan to sell, or would like to sell, product...
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Do I Lose All Rights When I Blog?
Dear Rich, I was recently accepted as a writer for a major national syndicate of blogs covering sports teams. This company does not have a physically-signed document per article as is traditional with...
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Now, Can I Use "Happy Birthday" in My Movie?
Dear Rich: I made a mini-doc and there's a segment where people sing "Happy Birthday" at a retirement home. Based on what I read the song is in the public domain. Can you verify?No court has yet ruled...
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What's the Down Side To Using a Stage Name for Business?
Dear Rich: I am in the process of making marketing videos on youtube, webinars, public speaking seminars and authoring informational books. For privacy reasons and because of my unusual and hard to...
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Wants to Oppose Mark for Genericness
Lockheed-Martin Paveway II Dual Mode Laser Guided Bomb Dear Rich: I have a question about opposing a trademark registration. The trademark was recently published for opposition at the USPTO and I have...
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