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Colorado Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for Colorado on
Q: custom art featuring video game characters on a wall in a bar? Is it illegal?

Opening an arcade and want to have a custom mural featuring many video game characters.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 10, 2017

You will need to have an attorney review the specifics of the intended use. As a general rule, the answer is no because the characters are copyrighted. That said, similar (but not identical) images are possible.

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 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 »

Q: I been calling emailing and trying send my grandma's conservator and guardian messages i need will made but no reply

What do I do it has a attorney name in there but even she won't call me back my grandma needs her will made it says in this booklet my grandpa put " If my wife ain't able to serve will and make decisions I appoint ......and has neighbor name but social services won't listen... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 23, 2016

You will need to contact an attorney.

1 Answer | Asked in Intellectual Property for Colorado on
Q: I'm creating cartoons featuring a lion named Aslan (the Turkish translation for "lion"). Is "Aslan" trademarked?

I came across this trademark: https://trademarks.justia.com/764/36/aslan-76436283.html Does that apply to the character of a lion named Aslan? Does the trademark prohibit me from creating cartoons with a lion named Aslan and/or prohibit me from creating merchandise with his likeness?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 25, 2016

Answering your question as a yes or no answer would create an attorney-client relationship. Justia Q&A is for general legal questions. As a general rule, a trademark only applies to the trade/business listed on the application. There are several exceptions that prevent a trademark from applying... Read more »

1 Answer | Asked in Intellectual Property for Colorado on
Q: Can I use a trademarked business name for my business if we are in an unrelated service and have separate logos, colors?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 23, 2015

You may want to contact an attorney to review the specifics of your case. Trademark infringement is a fact and circumstances test, thus there is no hard rule of what is or is not infringement. That said, you are correct that for standard trademarks differences in all but the name (especially if it... Read more »

1 Answer | Asked in Intellectual Property for Colorado on
Q: Is it legal to sell a USB drive with pre-loaded mod menus on it. Modding menus for gaming consoles

It IS illegal to modify a game. But all I am doing is selling a usb, and they follow the steps to download their mod menus. Like selling fireworks is legal, but lighting them is not. ..?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 4, 2015

There are two issues here. One, how did you gain access to the original code? Every program that I've ever seen requires that you accept a click license before installing, so you have accepted the terms of the publisher's license which likely prevents accessing the code (which is their... Read more »

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