Your current state is Virginia
I found that this individual has successfully managed to register my brand name (which I did not trademark) with US, EU and UK trademark offices. He copied my website and is now copying my products and selling them internationally under my brand name.
Individual is now sending takedown... Read more »
answered on May 27, 2022
You have urgent need to retain experienced counsel to address the hijacking of your brand.
The infringer's trademark registration can be cancelled based upon your prior use, even though you had not registered it. You also have grounds to sue for trademark infringement and unfair... Read more »
I'm developing a game and it's purpose is to simulate the real life in all of it's aspects, from driving a car to lead a billion-dollar company. I need to use a lot of vehicles (cars, trucks, trains, planes, ships...) and they are based on real life ones. For example, I have a Dodge... Read more »
answered on May 26, 2022
I doubt that this is a patent question. I would be shocked if Dodge had a design patent on a virtual image of any of its automobiles. Their patents for things in the real world don't apply to images rather than actual automobiles.
Note that phone manufacturers can and do get design... Read more »
I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.
answered on May 14, 2022
Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
Im developing a fantasy video game with a race of humanoid dragon people that were made by dragons and was hoping to call them Dragonborn, but it shares the same name and physical similarities to the Dungeons and Dragons race of Dragonborn. Despite the fact its just a combination of the words... Read more »
answered on May 5, 2022
It sounds like you're asking about the trademark implications of you using that term. There are many factors to determine if you are infringing on someone's trademark. It would be best to have a trademark attorney conduct a comprehensive search at the USPTO to determine if you may run... Read more »
only, not the software itself - without compensation to or permission of software seller?
answered on May 3, 2022
There is not a patent question here. This is a question of your end user agreement and possibly copyright law.
I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!
answered on May 2, 2022
You can begin to understand the basic components of a contract here:
https://www.contractstandards.com/public#contracts
Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and... Read more »
A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... Read more »
answered on Apr 29, 2022
If you receive college credit for the work, it is legal, like an internship.
if i were to register copyright over the name and start my own clothing brand with it, would i be violating any copyright or intellectual property rules?
answered on Apr 24, 2022
A name isn't protected by copyright, but it might be protected as a trademark. In the U.S., an unregistered trademark is enforceable as a "common law" trademark. You run a high risk of trademark infringement liability if you use another company's brand for the same kinds of products or services.
And how can I find their patent number and how I can copy the product with my own manufacturer and make my own brand logo and sell it without getting sued?
answered on Apr 12, 2022
Well, the point of patents is to prevent you from doing exactly what you are trying to do.
However, you should be able to copy someone else's patented product if somehow you don't infringe (you are outside the scope of the claims of the patent), or there is a problem with the... Read more »
I downloaded a game which released in 2016 from torrent 3 days ago. I didn't know what is torrent and I didn't know what I was doing is illegal.I watched a YouTube video teaching how to download the game and so I followed the video step by step and downloaded it and torrent, they... Read more »
answered on Apr 10, 2022
Having defended hundreds of these BitTorrent download cases (mostly Strike 3 Holdings, LLC movies), the best I can tell you (not legal advice) is to STOP downloading and sharing movies. If you are found to have downloaded, let's say, 20 or more movies - that is about the lowest number I have... Read more »
I want to make a further development of the product that has patent. But how can I work around their patent.
answered on Apr 7, 2022
Patented products typically carry patent markings. Something like "pat. no. 12,345,xxx" and like. Once you have that, you go find the patent in the U.S. Patent Office databases.
answered on Mar 29, 2022
No.
The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.
I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... Read more »
answered on Mar 28, 2022
The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then... Read more »
It would be used for a printing company name, not an automobile name. My assumption is it can't be copyrighted or reserved as a general word since it is a type of ship of war in common parlance. Thank you,
Tom
answered on Mar 26, 2022
Your question remains open under the Business Law/Formation categories. At this point, you could try reposting and adding the following categories - Trademarks, Copyrights, Intellectual Property. "Copyright" is in the main menu. You'll see "Trademarks" and... Read more »
I am an independent contractor providing creative services to my client. In our agreement, I included a section in which my client represents that all of their creative materials I may be using, modifying, repurposing, etc., are the property of my client OR that my client has permission to use... Read more »
answered on Mar 25, 2022
First you should bring to the client's attention that a dispute may exist regarding whether the materials from the former contractor are "works for hire", and ask whether the former contractor's engagement contained a written provision to that effect. Ask for a copy of that... 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 »
Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.
answered on Mar 24, 2022
On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... Read more »
answered on Mar 16, 2022
As long as you're not selling snacks, the transformative work is not an infringement. Andy Warhol did fine with his iconic Campbell's Soup can paintings many years ago.
Someone took a screenshot of something I said on twitter and removed the context to make me look like a sexual predator. I consider this to be potentially libelous and/or slanderous. Do I own the copyright of the tweet and if so, is there anything that can be done about it?
answered on Mar 12, 2022
Good question. Generally speaking, a tweet is not typically copyrightable as it usually contains just a short phrase with a limited amount of characters and according to the United States Copyright Office ("USCO") this can be considered de minimus as far as creativity is concerned. Now,... Read more »
As an engineering intern for a company, I designed things that cannot be shown to the public. After completing my internship, I kept my final presentation for my personal records -- I've never shown it to anyone outside the company and don't plan on doing so. Now, I am interviewing at the... Read more »
answered on Mar 8, 2022
First, this question is showing up on a California part of the site, but the information about you suggests you are in Indiana. Unless licensed in Indiana, a California attorney cannot ethically answer your question. If you are in Indiana you will need to direct this to attorneys in your state.... 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.
