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Fair Use Consultation?

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Fair Use Consultation?

Postby nolza » 02 Mar 2011, 15:57

I have no idea where to go about locating a local lawyer who can give me consultation for a business idea I am pursuing. There are a few details I need to ensure does not infringe on copyright/trademarks. And, are there any places I can go for free initial consultation? I would prefer someone who can speak English, but I can do Chinese if need be.
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Re: Fair Use Consultation?

Postby Naughtius » 02 Mar 2011, 16:07

The title of the thread is a bit misleading. Fair use applies to the limited use of copyrighted material without the consent of the creator. If you’re worried about your logo or slogan infringing on some other business, you have to look a “likelihood of confusion” which are defined in these terms:
• Strength of the mark
• Proximity of the goods
• Similarity of the marks
• Evidence of actual confusion
• Marketing channels used
• Type of goods and the degree of care likely to be exercised by the purchaser
• Defendant's intent in selecting the mark
• Likelihood of expansion of the product lines

Sorry, I don’t know where you can get professional advice.
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Re: Fair Use Consultation?

Postby nolza » 10 Mar 2011, 01:28

Thank you for the reply and help.

I was actually combining several issues, but thread title is the content I am most in the dark over.
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