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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Copyright and Construction Law for Idaho on
Q: We contracted with a developer to design spec homes for their development which they would build. Not doing so

Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 15, 2022

Check your contract. Depending on your payment, you may have released your rights to the other company.

You may have the right to contract independently with the home owners.

Consult with an attorney.

3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

Hello,

I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 9, 2022

You do not need necessarily have sales. Your product or service needs to be available to the public for use or purchase. In your case you should be able to file a SOU. Consult with an attorney, this is not legal advise.

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4 Answers | Asked in Trademark for Georgia on
Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 26, 2022

You need to consult with an attorney to guide you through the process.

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1 Answer | Asked in Contracts for Arizona on
Q: Do i have the 10 day period to cancel a contract for work to be done on my home?

I signed a contract for remodeling of a bathroom. No products have been ordered nor has work been started and we decided it wasn’t the right time. I understand the 3 day cooling off period but according to Title 32-1907.03 i have 10 business days to cancel the contract without penalty. Is this... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 18, 2022

If they refuse you can sue, the amount is small where you can do in justice court. You could ask for attorney fees.

Consult with an attorney.

2 Answers | Asked in Trademark for Florida on
Q: How can i start the process of registering my company brand?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 13, 2022

You should hire an attorney to walk you through the process.

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2 Answers | Asked in Copyright and Intellectual Property on
Q: unknowingly downloaded copyrighted material.

I downloaded a game which released in 2016 from torrent 3 days ago. I didn't know what is torrent and I didn't know what I was doing is illegal.I watched a YouTube video teaching how to download the game and so I followed the video step by step and downloaded it and torrent, they... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 11, 2022

As indicated already, stop doing it. Remove anything.

And wait to see if anybody contacts you about it. If that happens consult with an attorney.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can I counter an intellectual property infringement notice from Etsy shop for using "But did you dye?" on my design?

I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 28, 2022

You should definitely consult with an attorney.

She may have rights to a brand even if it is not registered.

2 Answers | Asked in Trademark for New York on
Q: What do I need to do to buy this trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 27, 2022

You need to contract an attorney.

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1 Answer | Asked in Intellectual Property and Trademark on
Q: hello dear i got confused what is gucci tradmark and what is gucci tardename (brand )

i need it for my

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 18, 2022

For all practical purposes you should consider them the same. Technically stay away from it.

1 Answer | Asked in Copyright on
Q: Question about copyright infringement

I am a Japanese living in Japan. I would like to create a website that aggregates the data contained in several websites that are managed by Americans. Is this considered copyright infringement? Is there a problem if I get permission from the administrators?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 14, 2022

Yes it CAN be infringement.

You definitely should try getting permission.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I print art for frame shops. How can I protect myself should they send me art that is copyrighted?

I own a small business that prints artwork wholesale for individuals and businesses. We take every necessary precaution that we’ve purchased rights to most of the art that we print, but some art comes to us by email from businesses that assure us they have permission to reproduce it. What if... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 4, 2022

Have them provide proof of permission.

Either a license, contract or similar.

Have them sign your terms where they become liable and protect you.

And check with professional liability, to see if you can buy protection for copyright infringement.

Consult with an attorney.

1 Answer | Asked in Trademark for New York on
Q: A bakery in Canada is bringing pita bread to the US market using my trademark name and logo how can we prevent them

How can we prevent them from copying my trademark brand name and logo

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 27, 2022

It will depend on what rights you have developed on the mark.

Consult with an attorney.

1 Answer | Asked in Trademark on
Q: Please how long a trademark registration lasts? What about a trademark I can see on your site renewed 5 years ago?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 25, 2022

You renew in the US at the years 5, 10 and every 10 years thereafter.

Consult with an attorney.

1 Answer | Asked in Trademark for Texas on
Q: I want to move my trademark to a anonymous trademark. Will people be able to see my old personal information?

Will trademark history be publicly visible?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 24, 2022

You need to consult with an attorney to map out your best strategy!

1 Answer | Asked in Copyright and Intellectual Property on
Q: A TV show used the same name for a black magic group that I used in my film and stories. Am I owed anything here?

The Tv show Archive 81 made use of a black magic group called the circle that committed abduction and murder. In my own photography and short films I created the same type of group with the same name. Do I have any rights.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 22, 2022

Probably not.

Consult with an attorney.

1 Answer | Asked in Copyright for Maine on
Q: So this question is about copy right if I want to use the monopoly man and board game for an NFT project can I?

Can I without being accused of copyright or do I need to get permission. And if I do need permission can I change the name and just have it be that like from monopoly to monopol-E

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 22, 2022

Don't do it. Consult with an attorney.

2 Answers | Asked in Copyright and Trademark on
Q: Can my book title use the phrase "that's not my" in its title. I wrote my book in mid 2000's but never published it.

I wrote a book in 2007 with my husband but we never published it. It has "That's not my" in the title. We sent a registered copy of it to ourselves in a still unopened envelope. We're not sure of the trademark rules and would be grateful for advise of whether or not we would... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 22, 2022

Looks like the answer is not.

You should consult with an attorney.

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2 Answers | Asked in Trademark on
Q: Hi, I want to ask for advice about this phrase "HMA LOVELY HOME" was a trademark or not, can I use it as my new brand
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 22, 2022

Secure a paid consultation with an attorney to understand your risks and options.

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2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 22, 2022

Consult with an attorney.

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