Recent content by RaisetheBar

How would the right of publicity enter into this professor? The alleged killer has been dead for a long time I suppose. The alleged never promoted himself in the entertainment field or whatever. So how would the right of publicity enter into it?

I'm not upset, I just didnt feel it was a very complete answer. your last pt. about 3rd party contractors is an interesting pt. I probably wouldnt sweat that issue, but it's an interesting issue. Would the contractor have to put a copyright notice on the boat? I realize now that this is not...

Yeah that sounds like good advice. I filed the appeal anyways, we'll see what happens. There's what is right and ethical and then there is the real life way things are handled in certain locales. I dunno why the judge didnt even seem to care about what this firm was doing; one would think he...

Re print the labels with the correct TM symbol and then file for the mark. Technically you dont have to have a first use before you file, you can do an "intent to use" but in your situation I would not do that, simply claim an actual use, reprint the labels w/ correct TM symbol and file...

I would agree w/ the professor here, but off the top of my head there is nothing that really sounds downright illegal in all 50 states sort of thing. If the original post is from an attorney, then again, by all means, look it up yourself.

Why is it harsh? THe professor offered his/her services for pay w/o offering much guidance or general information. I offered a bit more information of a general nature and then gave two concrete examples? From your example about ships, it seems to me that you have no experience in copyright...

Free Bird: your pt is well taken. The discussion is not pointless, however I said what I did for several reasons. I did a search for the websites in question. It seems obvious that the person is out to make money on it. If that is the case, then you have to spend money to make money and I...

Yes but the pt. I was trying to make is that if there was no copyright notice attached to the music, then how is the person supposed to know that he/she is copying copyrwritten music? It's still an issue. I havent litigated a copyright case in a number of years. And I know they changed the...

Hello professor: Thanks for attempting to give me some input, I really have to think hard about pursuing this. The complaint filed in early 2002 was not very specific and merely alleged "HOme owner's fees." They attached a billing statement for 2001 but later filed for the 2002 fee as well...

Ummm....First off, JM: if you have any serious type of case for a serious attorney, it's $10,000. Just about all major attorneys working on a serious case are going to ask this much in retainer. Given the free market system, it's difficult to say that this is unethical or illegal, it's just the...

Why dont you hire an attorney and have these issues answered by a professional? Obviously you intend to make money from your site its a commercial venture. Why then solicit free advice that is probably worthless anyway? You have to spend money to make money, hire an attorney.

Hmm this is interesting. NYClex has given an honest answer: hes not sure! First question: did you have an agreement with these vendors? Like a written agreement. Question 2. Did you mark these tapes or CDs or whatever they are w/ the copyright notice? If not, then maybe a problem right...

First of all what were the rules for the competition? did the rules say "All decisions of the judge are final?" or something like that? Probably there is something in the rules to that effect. So until you go back online and figure out what the rules are, and tell us, then you have a...

Okay first, yes it is a federal offense, technically speaking. Not many cases have come to court on this issue. Probably the most that can happen is that you will lose your trademark. Oh but you say that you didnt have a trademark in the first place, you just marked it as such. This could...

While I agree w/ what the professor said above, the one thing that maybe doesnt quite square is when the professor says "to make sure it's serious" or whatever. This a heavy responsibility for a lay person to know. How is a non laywer to know what is serious or not serious? THe person feels she...