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Colorado Copyright Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: Copyright troll lawsuit was voluntarily dismissed without prejudice. Can I start deleting files off my hard drive now?

Received a letter from their lawyer asking to settle and warning me not to delete anything on my computer. Last month he filed voluntarily dismissal without prejudice.

Benton R Patterson III
Benton R Patterson III answered on Nov 15, 2017

Probably so, but it would be best have an attorney review what you received from the copyright owner's attorney. A dismissal without prejudice means that the suit may be filed again.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Colorado on
Q: I'm looking for the "Potty Rider" patent

The website is vague but says it has a US patent. I have a slimier design but need to be sure im not violating any patent laws

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 15, 2017

You can check the USPTO website. Be aware that the PTO may not list all pending patents.

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I have a collection of Old Farmer's Almanacs from the mid to late 1800s and I'm interested in selling reproductions.

My concern is that even though they're in the public domain, they are still published today using the same basic format and design. Can I legally reproduce the old versions? The Farmers Almanac website acts is if they own all of them in perpetuity.... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 29, 2017

There are other intellectual property rights involved here. These include trademark, trade name, trade dress, and potentially general unfair competition claims. All of these claims have no expiration date in which they become public domain (a concept that only applies to copyrights and patents).... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: I am photo blogger. Is it legal for the company to keep republishing my work without my consent or additional pay?

I have a contract with them that states they may republish "as mutually agreed upon from time to time, as evidenced by an email." I have never once been consulted about them republishing my work. Otherwise, I would have said no, or asked for more money.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 4, 2017

As a copyright holder you have the right to restrict republishing. The contract you signed may have impacted this right.

You will need to contact a lawyer directly to review the contract and the unauthorized use.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Q: Can I use trademark Masha and the Bear to name my cafe?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 11, 2017

Contact an intellectual property lawyer for all the details. If you do not own the trademark and the name (and/or image is registered as active), the use of the mark is possible, but you must be careful (and be aware that you may receive a cease and desist letter). For trademarks the issue is brand... Read more »

1 Answer | Asked in Copyright, Workers' Compensation, Business Law and Internet Law for Colorado on
Q: I live in the state of CO, and person 2 lives in CA. Person 2 is 15 years old. Is it illegal to commission art from him?

I want to pay this young artist for work for video production (logos, etc.) because they are incredibly good. He turns 16 in January, but in order to protect myself I'm just curious if it would be legal to pay him commission as agreed on both sides for the artwork. His parents are okay with it... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 9, 2017

There is nothing illegal with employing a minor provided that the employment stays within the limits of state labor laws (mostly related to hours working and ending at a certain time in the evening). If you are commissioning artwork it is likely that this employment does not run afoul with any... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: Can I make and market a food product from a published cookbook?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Dec 22, 2016

Without directly reviewing the exact intended use and all surrounding situations, I cannot make a full assessment, but I can provide general guidance. Cookbooks are unusual copyright materials because large portions of the book are uncopyrightable. Specifically the list of ingredients and general... Read more »

1 Answer | Asked in Copyright for Colorado on
Q: I purchased a beat exclusively from a producer, And he will not remove it offline

even tho I have the full ownership now,What Should or could I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Dec 14, 2016

Assuming you have a valid contract and valid contractually assignment of licensed copyright, you can bring (or threaten to bring) suit for either or both copyright violations or contractual breach. A lawyer would need to review the copyright assignment agreement to see what rights were transferred... Read more »

1 Answer | Asked in Copyright and Trademark for Colorado on
Q: I'm writing a book, and want to title it Damsel in Defense. How can I find out if this term is trademarked?

I am self publishing through Kindle Direct, and do not want to break any copyright laws. I have heard of a company called Damsel in Defense, but wasn't sure if I could still use the terminology for my title.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 13, 2016

Copyright and trademarks are two different types of intellectual property protection vehicles. Copyrights cover the text (and any images) of the book, while trademarks cover the title and some brand-related images/designs. Here is the link to the USPTO for a trademark search:... Read more »

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