answered on Mar 27, 2023
You should consult with an attorney to make sure you are not violating anybody's rights.
It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.
answered on Mar 7, 2023
Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.
Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies... Read more »
I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... Read more »
answered on Mar 25, 2022
Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... Read more »
During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... Read more »
answered on Oct 27, 2021
The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.
Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a... Read more »
answered on Oct 6, 2020
Ideally use a personal contact, or find one. If none exist, you will have a hard time getting its attention. However, there is some precedent for Elon Musk taking notice of people who reach out to the company directly via Twitter. If you're lucky you might get someone's attention.... Read more »
I want to create a social app for people that collect things, but I need public data to do it. For instance, this site http://www.tycollector.com/beanies/beanie-roster.htm has a list of all beanie babies and info about them. I need the data so collectors can id their items. They would be able to... Read more »
answered on Jun 10, 2020
Copyright related to compilations of data is a specific area of copyright law and analysis of the exact list and estimations of the mental effort and transformation to the underlying facts in the list may be part of the analysis. If you are doing research on your own, and want a potential starting... Read more »
It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.
answered on Jun 10, 2020
When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.
You can search for trademarks on TESS. Your trademark search should include more than TESS.
Consider hiring an intellectual property attorney to do a full analysis of the facts specific to... Read more »
Star Wars , a Harry Potter and other trademarked characters or brands used to make a baby shower gifts I sell. I want to make sure I don’t get sued or violate any trademark, copyrights, etc
answered on Apr 10, 2020
You can always be sued.
Most big companies decide not to go after small guys, specially if it is in the fan realm like in Comicon.
You do not have zero risk, you are at the mercy of what the owners want to do.
answered on Dec 5, 2018
That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.
The first question can be answered by a patent lawyer by performing a patentability assessment. The answer... Read more »
answered on Nov 14, 2018
Yes. Broadly speaking if it's both a creative work (copyright) as well as a source identifier (trademark), then it may be covered by both types of IP. This is sometimes referred to as "industrial art."
I'm interested in starting a clothing store and would like to know if it is possible to get permission to use professional sports teams logos and if so...how to go about doing that.
answered on Nov 13, 2018
It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees.... Read more »
answered on Sep 17, 2018
This is out of my practice area, but I can confirm that there are multiple types of protections: patents, copyrights, trade secrets, and trademarks are the main categories we often think of (with some subcategories I believe).
Each of these can be highly technical, and you will often find... Read more »
answered on Jun 17, 2018
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.
One strategy is to... Read more »
answered on Jun 5, 2018
Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to... Read more »
hello i just wanted to clarify for someone about stealing and they wont listen to my and i need your help!
Theres a business going on where this account sells character for money, but there is a problem!
Their rules arent right, they're forcing people to agree to the rules... Read more »
answered on May 5, 2018
The key here is whether the item in question is tangible or intangible. If it is tangible, like a book, painting, or the table in your example, then they can't restrict your right to that particular tangible item when they sell that item to you. However, if it is intangible like the rights to... Read more »
I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... Read more »
answered on Apr 23, 2018
An attorney would need to review the song and the story to determine if one infringes the other. If so, you would need a license to create derivative works.
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.
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.
The US Copyright Office, looking at their FAQ, will issue registrations to minors, but does caution that (direct quote) "state laws may regulate the business dealings involving copyrights owned by minors."
(I've looked through the C.R.S. at LexisNexis, but one problem with... Read more »
answered on Sep 17, 2017
Since you have access to LexisNexis, try searching for Colorado property ownership laws concerning minors. Or more specifically "intellectual property" ownership by a minor. You should be looking for a statute relating to minors and property, perhaps language like to “sue or be sued”... Read more »
answered on Sep 8, 2017
An attorney would have to know more about the existing mark, your proposed and historical use, and the registration of the first mark to answer this question. Assuming the marks are for the same goods or services, the first mark is valid, and the other mark was used first, you probably cannot... Read more »
Do I have to prove the other author has read my story to be successful?
answered on Aug 31, 2017
Most copyright infringement claims are decided buy the specific facts of the case. There is no hard rule for the majority of infringement cases. Direct and literal plagiarism is an undeniable infringement. A similar general plot and setting may be an infringement, but it could also not be... Read more »
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.