Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Thomas James
2 Answers | Asked in Trademark for Florida on
Q: Can you trademark a name under a category U don’t sell in order to stop someone else from using the name for that good

I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »

Thomas James
Thomas James answered on Jan 16, 2022

The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:... Read more »

View More Answers

1 Answer | Asked in Copyright on
Q: Is it legal to have a 15 second long audio clip from a movie or a series in your song? Or can you get copyright claimed?
Thomas James
Thomas James answered on Jan 3, 2022

Generally, you will need permission from the copyright owner to use a portion of their work. You have probably heard about "fair use." Contrary to popular belief, though, there is no bright-line test for how much of a recording is fair use. Courts weigh four different factors to make an... Read more »

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a book has entered public domain, do the original publishers still retain copyright on their first book production?

Or can an exact copy of the first book (same cover, design, formatting etc) be made and used commercially?

Thomas James
Thomas James answered on Dec 27, 2021

No element that is in the public domain is protected by copyright. Be aware, however, that the copyrights in different elements might have different owners and different durations.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: My competitor offers a similar service and uses a very similar domain name. Is this a trademark infringement?

For the past month I have been developing my SaaS product, and on the first day I purchased a domain name. Let's say that the domain is Service.ai.

I was doing competitor research the other day and I found that someone has launched a very similar service on their domain Servicing.ai.... Read more »

Thomas James
Thomas James answered on Dec 15, 2021

In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the... Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law, Copyright, Intellectual Property and Trademark for Florida on
Q: I want to start an animal rescue. How do I trademark the name or copyright it so no one else can use it?

Don't want to get sued if someone else uses the name either.

Thomas James
Thomas James answered on Nov 14, 2021

A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... Read more »

2 Answers | Asked in Copyright on
Q: Is the name "New York Stock Exchange" copyrighted?
Thomas James
Thomas James answered on Nov 13, 2021

Names do not get copyright protection. With names, the bigger concerns are trademark and unfair competition laws.

View More Answers

2 Answers | Asked in Copyright and Trademark for Iowa on
Q: I am interested in using words, short phrases or sentences from lyrics or movie quotes to make signs, tshirts, etc

Is this legal for retail?

Thomas James
Thomas James answered on Nov 13, 2021

While words and short phrases do not receive copyright protection, they are potentially protected as trademarks.

View More Answers

2 Answers | Asked in Trademark for Illinois on
Q: My brand has two name and a couple of images that represent the brand . How do I file a series
Thomas James
Thomas James answered on Nov 12, 2021

The U.K. and some other countries allow a single registration for a series of trademarks. In the U.S., distinctively different words or images are registered individually.

View More Answers

1 Answer | Asked in Trademark for Texas on
Q: how to re aquire my trademark . it status is abandoned. als0 no statement of use
Thomas James
Thomas James answered on Nov 3, 2021

If abandonment was due to unintentional delay in filing a statement of use or responding to an office action, you may file a petition to revive the abandoned application. If it was due to USPTO error, you can file a petition for reinstatement. In either case, the petition must be received in the... Read more »

2 Answers | Asked in Business Law, Consumer Law, Copyright and Internet Law for Washington on
Q: Is it legal to build software that crawls the public Reddit posts of someone and derives statistics/patterns from it?

Basic idea: while browsing online, people come across others that appeal to them in some way (insightful post, match in interests, etc). Normally, a long process of scanning through their content is then needed, to see if they match enough to be worth further effort.

My idea is to create... Read more »

Thomas James
Thomas James answered on Nov 3, 2021

As long as it is all public information, I don't see a privacy problem. Depending on the circumstances, "guessed relationship status" might possibly raise a legal issue if the guess is incorrect. Apart from privacy, there might be a patent infringement claim if someone else has... Read more »

View More Answers

2 Answers | Asked in Copyright and Intellectual Property on
Q: After paying to access academic research, am I free to reference the data (w/ citation) in my own publications?

A lot of academic journals, articles, etc. are only available to read behind paywalls. If I am looking to reference data, experiments, research, etc. from these resources in a digital publication can I do so freely? Moreover, can I/my organization still claim copyright/IP over the new publication?... Read more »

Thomas James
Thomas James answered on Oct 17, 2021

If it is strictly information that you would be passing along (as distinguished from copying the expression of it), then you wouldn't have a copyright problem. You might, however, have a breach of contract problem if your use of the website or the information published there violates the... Read more »

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.