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Questions Answered by Marcos Garciaacosta
4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 14, 2023

You should contact an attorney who can do a search for the term and evaluate the risk of getting rejected and your options.

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3 Answers | Asked in Trademark and Intellectual Property on
Q: I want to trademark my youtube channel. I found a website with the same name that is not trademarked. Should I file?

I have a Youtube channel where I review games in video form. I want to trademark the name, but I found a website that is very old with the same name that reviews games in written form. However, I have not found any trademark for the website, and the website is only updated once per year from what... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 14, 2023

Consult with an attorney, it may be worth the shot, if the other guys are not using the mark in commerce.

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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 11, 2023

You should consider the option of consulting with your own lawyer.

Your friend should abide by the highest ethical standards and include you in the copyright according to rules and contributions.

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3 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Can I get sued for trademark infringement

I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 10, 2023

Very likely. You should always consider brands that are unrelated to the product or its ingredients.

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: A nail polish brand has a polish named Julia, another brand also has a polish named Julia. Can you sue over this?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 11, 2023

Depends on many factors. You should consult with an attorney over this.

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Question about the use of the term Copyright Control in music

So there is a soundtrack album that a song with lyrics that appeared in the album, and this album is almost all instrumental music except for that one song, the song had the same composer but it had 2 writers for the lyrics and it had "Copyright Control" next to to their names. And this... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 11, 2023

It depends on diverse factors, but in general the creator(s) of the song is/are the owners of the copyright.

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 27, 2023

Be careful of the online sites that offer a low price. You get what you pay for.

You want to sit down with somebody that can explain your chances, process and risks.

Best luck

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3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 22, 2023

Agree with David.

Further, if the arrangements were photographed at the wedding site, and you were paid for the service, and you did not have an agreement to take the material (flowers) back, the title for the arrangement may have passed to your customer, or the venue.

Consult with an attorney.

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3 Answers | Asked in Intellectual Property for California on
Q: Is an email response sufficient for waiving intellectual property rights over an idea presented in a company hackathon?

This is response from company VP : "Having consulted with legal, I am pleased to report that Company hereby waives to you any intellectual property rights it might otherwise have had in the idea (as developed by you during the 2022 Hackathon)"

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 22, 2023

Maybe. You should consult with an attorney. A formal license, waiver, contract is better.

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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Would it be illegal to use the photo of a background used on a runway and put it on a shirt to sell.

If it is, can I add anything to the shirt to make it legal? Like adding words on the shirt?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 21, 2023

That requires for you to consult with an attorney.

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3 Answers | Asked in Copyright for New York on
Q: I want to sign up as a vendor at a vampire diaries convention but am scared and confused about copyright laws.

Are we allowed to use one line phrases, pictures or anything to do with show, how do I find out if something is copyright and if it is how do I legally get rights. I want to do things the correct way

Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 20, 2023

You should consult with an attorney, and also an insurance agent that offers Copyright infringement insurance.

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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: what is the copyright law on an someone performing another artists song on social media?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 20, 2023

Agreed with James.

In addition if your performance is shown in social media, the robots most likely will detect the violation and flag you.

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1 Answer | Asked in Trademark for Georgia on
Q: If 30A is trademarked can I use thirty-a?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 31, 2023

No.

You should consult with an attorney.

2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 30, 2023

You should definitely consult with an attorney to help you understand your options.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: If a patent exists in the unites states, is that patent active in Canada?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 7, 2022

Short answer may be NO.

As indicated if the patent was also granted in the USA then it changes as patents are territorial only.

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2 Answers | Asked in Trademark on
Q: Can i use a trademark that has been abandoned? What do i have to do in order to register it in my name?

I would like to open a company and use a trademark that has been abandoned since 2014. Just cause i think its perfect for the products i want to sell.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 14, 2022

You should consult with an attorney to understand your best approach

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: Can a patent that was abandoned be patented again by one of the inventors?

Publication number: 20040002883

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 14, 2022

For patents, no.

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1 Answer | Asked in Copyright for Nevada on
Q: Can I get in big trouble for watching anime on an illegal site?

The site I used was 9anime.id. Im just a kid and I dont want to go to jail so I came here to ask about this. The show I was gonna watch was spy x family its really good.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 1, 2022

Yes you can. do not do i.t

3 Answers | Asked in Trademark for Texas on
Q: can we reinstate this trademark with Serial Number88894416
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 1, 2022

You should contact an attorney

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2 Answers | Asked in Trademark for New York on
Q: I need to correct information regarding my trademark on Justia. How do I do it?

My entity's name has been changed, as well as original owners address. Also this trademark has been fully reinstated after appeal. I am referring ONLY to JUSTIA site. On USPTO it is already correct.

https://assignments.uspto.gov/assignments/q?db=tm&qt=sno&reel=&frame=&sno=90071896

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 29, 2022

If you were able to appeal in this case, you should consult with the attorney that helped you do that.

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