Nda

Both parties' disclosing are established in the State of North Carolina.

Why is the NDA Governing Law; Jurisdiction reads as folows?.... The construction and interpretation of this Agreement and the rights of the parties with respect to its subject matter shall be governed by the substantive laws of the State of Delaware?

Copyright and/or Trademark

I have a logo I would like protected as well as a Newsletter. I'm not sure if Copyright or Trademark applies to either or both of these. I need to know which to pursue and how to pursue whichever one applies.

Thanks

Website idea

Hi there, suppose I have an idea for a website that I don't want someone to steal, but yet I need to reveal it to certain folks that I'll need to help me make it a reality. How do I keep someone from stealing that idea?

Use of music

I am creating a presentation DVD which I plan to send out to several software publishers. The DVD is not intended for public viewing, but I want to use copyrighted music on the DVD. Would it be illegal for me to just put it on there? Would I need a licence? If so how do I get one and does it cost money?

Re: Tradename Infringement!

I started a business named Cartridge World in 1997 and registered the trade name ''Cartridge World'' with the State of Arizona In 2003, a company named ‘‘Cartridge World PTY’’ based in Australia came into the U.S., filed & retained the U.S. trademark “Cartridge World” and have opened about 700 stores in the U.S. including 17 in AZ. Their attorney has sent me “cease & desist” letters and demanded that I transfer my domain(s) and Certificate of Trade Name to his client. I retained an attorney and Cartridge World contacted him to express interest in a reaching a settlement. He has done the opposite and threatened me and also filed a domain name dispute, however their claim was denied, citing that I had priority of use rights. My attorney contacted them after they were denied in hopes of reaching a settlement and they have basically disappeared without making an offer. I am looking to hire a new attorney to work on a contingency basis. My attorney has told me the my case is exceptional, however the case is at a standstill.

Trademark/ Commercial Appropriation of likeness??

I own a popular restaurant in a small town. I hold a trademark on the restaurant logo and name. An artist has made a good deal of money selling prints of an original painting he made that includes a streetscape with the sign of my restaurant prominent in the foreground. Do I have any rights to (1) profits he's made or (2) stop him from selling the paintings?

website creation

I am a member of a website that I

believe is a good site. The only thing

is that it is a pay for use sites. I

want to create a website modeled

after the one I am a member of.

What is the legality in having a very

similar layout of the page but one I

create? Any help would be great!!

Patents

How long does it really take to have one's patent request accepted?

Is there a way to make sure it is accepted initially instead of the initial rejection then a yearly dance till approved?

Attorney's lien

Attorney's lien has filed without cilent consent. Can attorney file attorney's lien without client's consent?

Mailbox photo legal issues

If I take a photo of a mailbox and use it in a publication that is sold, do I have to get signed photo release from the property holder?

lisencing?

I am a portrait photog. and I usually sell prints. I did a session for a man who is slightly famous and a comp. he works with wants to buy one of my images. THey requested buy out. what kind of form do I need?

Copyright and News Competitors

I want to launch an online subscription news service. Is it too risky to advertise it using a ''Brand X'' approach in which I place verbatim text of my competitors' news articles beside my own text about the same news events? No negative commentary, just a simple ''Which do you prefer?'' I certainly have a profit motive in doing so, but could it still constitute fair use? Would I have a stronger infringement defense if I gave no attribution to my competitors' text other than ''Brand X''?

public events

We hold events and use the contents of the events to produce books, CDs and DVDs. We want participants to sign a form when they register, a form that releases their property rights and royalties relating to our publications. Do you provide such a release? If so, which one is it?

quit claim release

In our events the participants register in advance. We use the material generated in the events to produce books, CDs and DVDs. We want the participants to release their rights (to royalties or other compensation) for any material generated in an event. Our events take place in various American states. Do you offer a release form for that purpose? Which form would that be?

thank you.

How to protect a psychological model

How should I protect my Psychological model? I have a specific name for it. It is a model with a theory behind it. Nothing tangible. I do not want people using the term or idea.

Words to Disclaim

I applied for a plain (no distinctive artwork) trademark for my company (software design and installation) consisting of three words. The first word is a newly-coined but currently much used buzzword in our niche of computing. The second word is a fairly common adjective. The third word is a common noun. Together, the three-word combination is unique and also is currently used by us to describe our product and services in interstate commerce.

When I applied for the mark, I disclaimed all three words, foolishly thinking that I was disclaiming trademark rights in each as a stand-alone term.

Turns out that isn't the way the USPTO reasons.

Can anyone help me by explaining which of the three words I should disclaim (or maybe none of them)?

Looking in do-it-yourself books like Nolo's, it sounds as though maybe I should disclaim ONLY the most common of the three terms, but I don't understand the reasoning and I'd like to get it right this time!

Permission Needed If Before 1923?

As a hobby, I'm creating craft-type jewelry I would like to sell, and I would like to incorporate photos of stained glass windows from churches built before 1923. Even though we are taught the definition of a church is its people, I don't think churches naturally fall under public domain as do government buildings, for example - - do they? Is it ok to use illustrations of stained glass from a book published before 1923 or do I still need to get permission from the church where the stained glass windows resides? Are photos of stained glass from churches built before 1923 considered public domain for the person who actually takes the photo today? Even though the window and/or Church building were in place before 1923 - - does that photo taken today belong to the Church, whereby permission would be needed in order to use parts of that photo for commercial use - - in my case, as part of a jewelry design? In other words, can the photographer use part of that photo to create a piece of jewelry? Does using all or part of the photo make a difference? In using that photo for the jewelry design, whether part or all, does it make a difference if it is predominant in the design of the jewelry or not? THANK YOU!

Website

I have a website in which information has been posted on for about a year. I just came across our competition (business) and to my surprise they have almost the exact wording on their site. Is there anything I can do about this? What legal actions can I take against this company and their owners?? Do I have a case??

What can be done?

My husband recently found out that a paper he wrote at Brigham Young University a few years ago is for sale by some company on the internet. It's being sold for about $50 and from what we can tell has been sold to several people. Should we sue? What would be the best way to go about this?

Thanks

PS - we also found several other papers by BYU students for sale on this website, but we haven't contacted the website because we don't want them to just take all the papers off, because then we won't have proof of anything.

Domain Name owned by a Corporation

Hi,

I have a domain name that is owned by my corporation. Am I shielded from any personal liabilities?

Also, what is involved in registering trademarks for a website?

Thanks.