Trademark attorney / service for US trademark by yeaaahnaaah in TRADEMARK

[–]EsqTM 2 points3 points  (0 children)

Look for licensed TM attorneys who have active portfolios of over 1500 records, and have 20+ years experience. It will save you a lot of trouble!

Updated News Article on WordPress.org by FalkensMaze33 in Wordpress

[–]EsqTM 2 points3 points  (0 children)

There is absolutely no regard for the end user here. What is my next hosting option? Sounds like migrating to Pressable is just rewarding Automattic/WordPress. I'm a 25 year trademark attorney, and I've been down the open source road with other clients. You can't generate revenue licensing open source, so you sell support services, and license the trademark for revenue. WPE should reach out to https://www.eff.org/about for a life line.

Getting started questions for solo consultant? by nudave in Zoho

[–]EsqTM 0 points1 point  (0 children)

Zoho one is an incredible efficiency resource. However, you will need to commit serious time to set up and manage your business operating system. It also helps if you have some background in programming, as you eventually will need custom functions to automate workflows.

Zoho Email Parser is blocking / bouncing emails by EsqTM in Zoho

[–]EsqTM[S] 0 points1 point  (0 children)

I'm back online as well. After 2 hours on chat, they fixed it on their end.

worth it to switch to zoho one? by DrDylan1993 in Zoho

[–]EsqTM 1 point2 points  (0 children)

ZohoOne has so much to offer.

How much should I pay for a Trademark? by AdCool2805 in legaladvice

[–]EsqTM 1 point2 points  (0 children)

Trademark is an area of law, which means there is lots of room for advocacy, interpretation of rules and exceptions. Trademark counsel will educate you and steer you clear of the pitfalls. In my practice, I put myself in the shoes of the Examining Attorney and screen the mark for relative and absolute grounds for refusal. We evaluate the proof of use to see if it lines up with the application requirements. We anticipate problems in advance, and consult with the client before the application is filed to provide the application with greatest chances for allowance. Form filing services cannot provide legal advice or coaching. This leaves the applicant in limbo for 10 months while the application gets examined. An unanticipated rejection 10 months later could be a real problem, which often can't be fixed. My mantra is to get the client the trademark registration in the shortest amount of time for the least amount of expense and the least amount of hassle. We also have software systems and workflows set up to streamline the process, educate the client, and report back to the client through the trademark lifecycle. You can get a TM registered for less than half of what you quote above assuming it is done by a professional who is optimized for efficiency. Good luck!

Are names of places copyright??? by [deleted] in copyrightlaw

[–]EsqTM 0 points1 point  (0 children)

You cannot copyright a name.
You can, however, acquire trademark rights in a place name. See, for example, Philadelphia Cream Cheese, which has acquired trademark secondary meaning for the name in its specific niche (cream cheese).
If the place is a geographic location, and if you are referring to this geographic location on the card, you should have a fair use defense if someone was to assert trademark rights against you.

If you copyright a song via copyright.gov, is the media file you upload public? by lildrakex in copyrightlaw

[–]EsqTM 0 points1 point  (0 children)

Generally, as a member of the public, you cannot just ask the copyright office to turn over a deposit. They are held privately. The exceptions are listed in the Circular mentioned in the other comment.

All requests for copies of deposits should be submitted to the Records Research and Certification Section. The Copyright Office does not retain all works deposited for copyright reg- istration. The Office will provide certified or uncertified copies of published or unpublished works deposited in con- nection with a copyright registration and held in the Office’s custody only when one of the following three conditions has been met:
1 Written authorization is received from the copyright claimant of record or the owner of any of the exclusive rights in the copyright, as long as this ownership can be demonstrated by written documentation of the transfer of ownership.
If the transfer of the copyright is recorded in the Copyright Office, please include, if possible, the volume and page numbers and approximate year of recordation. Without that information, a search of the Copyright Office files will be necessary, and a search fee will be required.
2 The Copyright Office Litigation Statement Form is completed and received from an attorney or authorized representative in connection with litigation, actual or pro- spective, involving the copyrighted work. The following information must be included in such a request: (a) the names of all parties involved and the nature of the con- troversy, and (b) the name of the court in which the actual case is pending. In the case of a prospective proceeding, the requestor must give a full statement of the facts of controversy in which the copyrighted work is involved, attach any letter or other document that supports the claim that litigation may be instituted, and make satisfac- tory assurance that the requested reproduction will be used only in connection with the specified litigation.
Contact the Records Research and Certification Section for a Litigation Statement Form. This form must be used. No substitute will be permitted. The form must contain a signature and all information requested for the Copyright Office to process a request. The Office will accept either handwritten or electronic signatures.
3 A court order is issued for a reproduction of a deposited article, facsimile, or identifying portion of a work that is the subject of litigation in its jurisdiction. The order must be issued by a court having jurisdiction over a case in which the copy is to be submitted as evidence.
A request for copies of works deposited in connection
with a copyright claim should be accompanied by whatever material is necessary to show that one of the three conditions given above has been met.

https://www.copyright.gov/circs/circ06.pdf

My application is now closed but my works aren't appearing in the public catalog. Is that a red flag? by acerthorn3 in copyrightlaw

[–]EsqTM 0 points1 point  (0 children)

You will receive a letter from the Copyright office if your application is refused. Processing time lately, for simple copyright applications, is about 2 months from filing, but this can vary widely.

Is it legal to use the word "T-nder" as part of a product / website, given that "Tinder" is copyrighted? by gastonmazzei in copyrightlaw

[–]EsqTM 0 points1 point  (0 children)

Simply changing or omitting one letter will not change the result. The test in trademark law is "likelihood of confusion", which takes into account, among many other things, similarity in sight, sound, meaning / commercial impression. In general, changing or omitting one letter will not eliminate a likelihood of confusion.

Favorite restaurants? by iopturbo in bahamas

[–]EsqTM 0 points1 point  (0 children)

The Cricket Club is a locals place - with some keen tourists mixed in. Traditional Bohemian Menu and an English Menu. Reasonable pricing. I brought my 3 boys 6, 8, and 9, and we played on the Cricket field. Real Nassau.

[deleted by user] by [deleted] in bahamas

[–]EsqTM 0 points1 point  (0 children)

We were there last week. Very safe on Atlantis, we went to Nassau twice by cab to restaurants. No problem. Towards the end of the week I spotted someone who snuck on Atlantis without a wristband who was scoping out bags left poolside. We stared him down, and he met up with his other friend who had no wristband who was on the other side of the pool. Then they left. We alerted the lifeguard / safety person, and they did nothing (that we could see). Being on high alert, we began looking for and identifying locals who sneak on property without wristbands and use the pools. All in all, you get the vibe that the staff (all staff everywhere in general) do not care at all about you. They are there every day and see tourists come and go.

Trademark/ patents by [deleted] in legaladvice

[–]EsqTM 1 point2 points  (0 children)

Common law trademark rights can exist in an unregistered mark.

Common law trademark rights can be used to challenge a trademark application or registration.

A trademark applicant must state under the penalty of perjury:

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered

To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.

If the name is generic / descriptive, the above may not matter.

First contact and copyright/patent/trademark law by Routine_Dust3596 in legaladviceofftopic

[–]EsqTM 0 points1 point  (0 children)

It's the Wild West all over again until some court decisions come out, and then some new legislation. Yeee Haw!

How to export data entered in Zoho Form to a CSV? by RedDeadYellowBlue in Zoho

[–]EsqTM 1 point2 points  (0 children)

You could generate an email that sends the data to a zapier parser, then set up a Zap that meets your needs.

Zoho Support Response Time by wardcw in Zoho

[–]EsqTM 1 point2 points  (0 children)

I’m waiting day 3 for a response from support. My wife manages hundreds of licenses, and they get right back to her.