Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Copyright for California on
Q: Is it legal to record myself playing all instrument parts of a copyright song & mix/master the song 4 my own education?

(The recording, mixing, and mastering would be done in Logic Pro.) Also, if it is legal, would I not be able to let anyone hear my Logic Pro re-creation?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Depends

you should consult with an attorney to understand your risks

best luck

2 Answers | Asked in Trademark for New York on
Q: Need a lawyer to stop companies from using my trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Send a cease and desist

Consult with an attorney

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Recreating a famous song's melody with autotuned car horns & using it in a famous game trailer - do I need a license?

There will be a moment in the game where the car horns will play a few seconds of a famous melody. I'm not sure what license I need since this is not a cover, or a sampling, perhaps it is an interpolation? I cannot find an answer somewhere else, I would be grateful if you could point me to the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

You probably do.

Check with the author or company distributing the content.

Check if they have a licensing department.

Best luck

1 Answer | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for California on
Q: Are name variations of already existing companies legal?

I had an idea for a company that similarly operates in the same way as AirBnB. But it relates to Dungeons & Dragons, called AirD&D. The basic premise of the company would be that people could post locations that can be rented out for single or ongoing campaigns or game sessions that are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Maybe, depends

You need to have a consultation with an attorney

In general if the marks are in related areas, there may be a conflict

4 Answers | Asked in Trademark for Michigan on
Q: My business name has been trademarked by someone else. I sell clothing, they are a record brand. Can I keep my bus. name

I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Many brands similar or same coexist in the market

You need to consult with an attorney to understand your risks and options.

View More Answers

2 Answers | Asked in Trademark on
Q: Is this trademark still valid ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 26, 2021

Maybe

Consult with an attorney

View More Answers

1 Answer | Asked in Copyright and Internet Law for New York on
Q: Are rewritten articles legal?

It is widely known, that it is illegal, to copy articles 1: 1 from Websites and then publish them under your own name on your blog.

However, what about rewritten articles? To what extent do articles have to be rewritten in order to be safe with the copyrights laws?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Depends. You need to consult with an attorney.

You can write about the same topics, but the words and order, the creation itself, needs to be unique, in order to be safe.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: This is our grandfather and we are getting zero royalties from any of his patents.

Please ask in person or on the phone.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 25, 2021

Consult with an attorney.

It will depend if your grandfather licensed or assigned his rights.

Also patents expire, so if it was long time ago, it is natural that the royalties stopped.

2 Answers | Asked in Trademark for Iowa on
Q: Is Red Dead Rocket trademarked

I started a YouTube channel and chose this as a name. Is it okay to use?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 24, 2021

Maybe, maybe not

You need to hire an attorney to do an analysis

View More Answers

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Arizona on
Q: Does a volunteer own the intellectual property they create for a company if no agreement is made saying otherwise?

In the US (specifically Arizona), if you create intellectual property (e.g. website, social media channels and 3rd party sales channels) as a volunteer (I was a volunteer in a business my husband was a co-owner in, I was not paid, wasn't asked to do create the IP nor directed in any way and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends on any communications or agreement.

Most likely any creation would be considered as a gift.

Depending on the value of the creation an attorney can advise you on what to do

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

1 Answer | Asked in Copyright for Massachusetts on
Q: Do I have to be associated with a public library in order to print and sell t-shirts with Nat Library Symbol?

The ALA site suggests the symbol is free for all to download and use, but also mentions it is intended for libraries.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Very likely

Its use is probably limited in scope

Consult with an attorney to understand your risk and limits

1 Answer | Asked in Copyright on
Q: Can I sell a baby shark felt story to childcare centres if I change the name to shark song or something?

From my understanding the song itself and characters are in the public domain....is this correct?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 18, 2021

it depends, you need to invest in consult with an attorney to understand the risks.

1 Answer | Asked in Copyright for Michigan on
Q: Can I use a purchased stencil or temporary tattoo in a painting that I plan to sell?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 18, 2021

It depends on the seller and the type of content.

Consult with an attorney.

1 Answer | Asked in Copyright on
Q: is there patents on mobile EV charging point in india??
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 17, 2021

Very likely

check google or the Indian patent office

4 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Florida on
Q: Do I need a licensing/trademark specialized lawyer?

I'd like to open a DC comics-themed restaurant, do I need to buy a license from them, even though most of the characters are not listed for Hotels and Restaurants?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 17, 2021

You indeed do

Invest in consulting with an attorney to assess your risks and options.

cheers

View More Answers

1 Answer | Asked in Copyright for Colorado on
Q: I bought a domain I found content from 5 1/2 years ago when someone else let it sit dormant. Can I use that content?

The only copyright on the bottom of the old site was for the domain name which I now own.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 16, 2021

It will depend if the content is unique or generic.

You must consult with an attorney

1 Answer | Asked in Copyright on
Q: what can we do if a competitor owns a domain name www.pureaudioproject.de and redirects to it's own page?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 16, 2021

is it your name?

who was first with the domain?

you could file a complaint with ICANN and get them to remove the domain from him.

Consult with an attorney

4 Answers | Asked in Civil Litigation, Consumer Law, Criminal Law and Intellectual Property for Texas on
Q: Can I use the term "law" in my email address title without being a lawyer? Example: Jason.Smith.Law@yahoo.com.

I am a law student and have an email address with the term "law" in it. I am not a lawyer, however, and have never stated that I am. Is it legal for me to continue to use this email address without being a lawyer? Don't I have speech protections so long as I am not actively trying to... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 16, 2021

If you are in law school, talk to them. They may not consider it appropiate.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.