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   Author  Topic: Phrase on a shirt  (Read 1092 times)
Yummy
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Re: Phrase on a shirt
« Reply #5 on: Jan 3rd, 2004, 2:19pm »
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Thanks again for your time.  Basicly what I want to do is make a sight like this one (but with different shirts):
  www.tshirthell.com
 
What I'm wondering is how the prevent others from takeing there ideas, and what they are copyrighting when there main page has a copyright on it.
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eric stasik
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Re: Phrase on a shirt
« Reply #6 on: Jan 4th, 2004, 1:33am »
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dear yummy,
 
"Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents" cannot be copyrighted.  
 
http://www.copyright.gov/circs/circ1.html
 
regards,
 
 
 
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eric stasik
director

http://www.patent08.com

patent08
patent engineering,
business development,
and licensing services
postbox 24203
104 51 stockholm
sweden
M. Arthur Auslander
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Re: Phrase on a shirt
« Reply #7 on: Jan 5th, 2004, 5:51am »
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Dear Mr. Stasik,
 
While it is true that lawyers can be expensive, if you want commericial sucess, it is adviseable to pay the price.
 
The problem is that it is difficult to know if you are dealing with a lawyer that is working for you as distinguished from one working for the fee.
 
It is not the cost of the lawyer that is the question but the focus. Yes, it is easy to get stung by a lawyer both as to price and skill. The is the fault of the client too.
 
My crusade to help clients focus inexpensively has not been rewarding. I doubt if I have earned much more on the Reality Check® then I have paid in filing fees.
 
« Last Edit: Jan 22nd, 2004, 9:53am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
eric stasik
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director, patent08

   
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Posts: 391
Re: Phrase on a shirt
« Reply #8 on: Jan 6th, 2004, 2:34am »
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Dear Mr. Auslander,
 
Sir, I fully appreciate there is a difference between a "lawyer that is working for you as distinguished from one working for the fee." I accept without question your own assertion that you are one of the former.  
 
My point is that people should first ask themselves whether or not they need to contact a lawyer at all. Suffering the expense to file an application for patent or registering a copyright is primarily a business decision, not a legal one.  
 
While some lawyers may be able to offer business advice, this is like asking a doctor about medical investments in the stock market. A few rare physicians may be able to provide good stock tips, but doctors are mainly to be consulted for medical advice. Similarly, my position is that lawyers should be consulted for legal advice. Nothing else. The principal questions to be posed to a IP lawyer are:
 
can I get a patent on my invention?  
 
can I copyright my creation?
 
can I apply for trademark protection?
 
how can I get a patent on my invention?
 
how can I protect my creation with copyright?
 
etc.
 
Asking a lawyer, "SHOULD I file a patent?" or "should I apply for a trademark?" seems to me to be asking him to answer questions well outside his scope of professional training and responsibilty.  
 
Moreover, as you intimate, lawyers who make their living from preparing and prosecuting applications have a severe conflict of interest in providing this business advice to their clients.  
 
This is the principal reason why I do not in my practice prepare and file applications. By not burdening my business advice with my own self-interest I am never confronted by such conflict.  
 
Regards,
 
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eric stasik
director

http://www.patent08.com

patent08
patent engineering,
business development,
and licensing services
postbox 24203
104 51 stockholm
sweden
M. Arthur Auslander
Full Member
***


I love YaBB 1G - SP1!

   
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Posts: 541
Re: Phrase on a shirt
« Reply #9 on: Jan 6th, 2004, 5:40am »
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Dear Mr. Stasik,
 
Lawyers are a necessary evil. You can't live with them and you can't live without them.
 
The trick is to find a lawyer you can trust. It is the same with doctors. With care I have been able to find Doctors that can be trusted, who don't take advantage and know what they are doing.
 
 
« Last Edit: Jan 22nd, 2004, 9:53am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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