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Benton R Patterson III

Benton R Patterson III

Trademark and Copyright Attorney
  • Intellectual Property, Trademarks
  • Texas
Badges
Claimed Lawyer ProfileQ&A
Practice Areas
  • Intellectual Property
  • Trademarks
Additional Practice Area
  • Copyright
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Texas
Federal Circuit
Education
Texas A&M University School of Law
J.D.
University of North Texas
B.A.
Professional Associations
State Bar of Texas # 24095088
Member
Current
Federal Circuit Bar Association
- Current
The Honorable Barbara M.G. Lynn Inn of Court
-
Speaking Engagements
Panelist, Legal Careers Presentation, Denton, TX
University of North Texas PreLaw Program
Legal Answers
18 Questions Answered

Q. I have an inquiry about Copyright and or Trademark infringement. Please see details.
A: This comes up all the time for bar owners. Your friend has to purchase a commercial license to show the PPV broadcast. Commercial licenses are more expensive than personal licenses. The prices are typically tied to the size of the venue or the number of people attending. He would need to contact his cable/satellite provider for the rates.
Q. Hi. Is it legal for me to print and sell t-shirts who have logos of start-ups as their main design feature?
A: Most logos of startup companies are trademarked. By selling products labeled with another company's logo, you are likely committing trademark infringement.
Q. Does copyright infringement apply to lyrics if they are translated into a different language and altered mostly?
A: You have likely created a derivative work, a work that is based on one or more previous works. The copyright owner has the exclusive right to prepare derivative works. By doing so, you likely infringe the songwriter's copyright.
Q. I created a original tune and a dj remixed it to the beat of a popular hit. can I use it on social media free?
A: You would likely need the permission of both the DJ and the creator of the popular hit.
Q. How can I research a trademark?
A: To fully vet the mark you would need to commission a trademark search. There are a variety of companies that provide this services. Some well know trademark search providers are CompuMark and CSC. You may also search the Maryland state business and trademark records.
Q. If I'm trying to trademark "Recreation Beer Company" can I if there's someone named "Recreation Point Brewing Company"?
A: This is a close call. It seems reasonably likely that you will have trouble registering the mark, especially if the other company began using the mark first. That fact that your business operates in a different location does not increase your chances of registering the mark because federal trademark registration is nationwide. If you decide to file a trademark application with the USPTO, a trademark attorney can help draft the application so that you have the best chance of success. You may consider registering the mark in the Texas state trademark database. If the other company is not doing business in Texas, you should have an easier time getting the application through the Texas trademark registration process. Although the scope of protection from a Texas registration is smaller, it can help build your trademark rights.
Q. i am using DULA as a brandname for cosmetics in india from last 2 years but it has been registered by someone this year
A: If you were the first to use a trademark, you likely have superior rights to the mark. I recommend speaking with a trademark attorney in India to determine the correct proceeding to challenge the new registration.
Q. Is it legal to sell a dice game based on a real copyrighted game for fake currency that has no real world value
A: This is a difficult question to answer without studying the two games in detail because there are several aspects of a game that can be copyrighted. But, I can try to give a few pointers. Illustrations and the bone shaped pieces are protected by copyright. Basic game of chance concepts with dice are not protected by copyright. The fact that the new game is not sold for money would not avoid copyright infringement. Displaying, distributing, and reproducing a copyrighted work are all forms of infringement.
Q. I want to start a blog called 'Tinderella Worldwide' about dating and travel. Is this infringing Tinder's copyrights?
A: You likely run the risk of infringing on the Tinder trademark by naming a dating blog Tinderella Worldwide, even if you do change the colors and logo. The subject matter is the same and your name incorporates a fairly well known and distinctive trademark.
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Contact & Map
Patterson Legal
2310 N Henderson Ave.
STE 724
Dallas, TX 75206
USA
Telephone: (972) 379-9049