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Massachusetts Copyright Questions & Answers
1 Answer | Asked in Copyright for Massachusetts on
Q: I'm getting email threats by an IP law firm in CA over an innocent mistake I made 7 yrs ago experimenting with HTML site

7 years ago, while a newly trained massage therapist I made a site for my "future dream practice" using an HTML template. I didn't know then about copyright for images online. I picked some random images from google just to use as placeholders to substitute the empty gray placeholder... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 2, 2020

You should consider consulting with an attorney.

Unless you stopped paying for hosting or the domain name it is difficult to think that the website is not active.

Regardless you should remove all offending material ASAP.

You may want to negotiate with them, hopefully without...
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1 Answer | Asked in Copyright for Massachusetts on
Q: A blogger took pictures from my private Facebook page and used them to write an offensive blog post. Is this legal?

Are there any copyright violations? I believe that someone I am friends with on Facebook, took a screenshot of my private pictures and shared them via email with this blogger? Is it worth retaining a lawyer?

Timothy John Billick
Timothy John Billick
answered on Oct 6, 2020

This will largely hinge on (1) Facebook's Terms of Use ("TOU"); (2) Your privacy settings on this particular photo; and (3) the manner in which you chose to have this photo shared. Generally your right to privacy only extends to where a person "has a reasonable expectancy"... View More

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: Can a vehicle be copyrighted as a work of art?

I designed the unique custom paint scheme for my car. Many publications take photos of custom vehicles then produce a product, magazine articles, for profit. Can a copyright protect me from someone else profiting off my labors?

John Brendan Riordan
John Brendan Riordan
answered on Jul 16, 2020

Absolutely! You can definitley protect your design. Imagine someone took a picture off a photographer's website and printed it on their vehicle; just because they used it on their car doesn't mean they haven't infringed on that copyright! The important part is that it's not the... View More

1 Answer | Asked in Copyright for Massachusetts on
Q: I want to open a sub shop that has the name Gremlin Grub Stop. Gremlins* seems to be trademarked by warner bros. issues?

would i need permissions

John B. Hudak
John B. Hudak
answered on Jun 19, 2020

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

In addition...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: hi, I had discovered a novel compound that shown an antifungal assay, this has never been reported, can i patent it?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

Depends

There are a lot of factors in play

Has that compound being used before for something?

Has it been in existence before?

Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made

Is it...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Supreme logo copyright/ trademark question

Hello

I want to make t-shirts with the box logo, but without the word "supreme." I am making shirts with simular (looks exactly the same) font with the same red but it says "Winga." Is this illegal? I am also making shirts with other colors.

I tried to contact... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

We need more details so I can give you better guidance.

Check my website www.legalbizglobal.com

480 324 6378

It will depend on how similar the designs are.

If you are just printing supreme on your t-shirts for example, you may have an argument that it is a generic...
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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Massachusetts on
Q: Would I be the "Sole Rights Holder of the material?" It's my video of a comedy show I taped with permission of the club?

I recently discovered a vhs tape of a stand-up comedy shot that I shot in 1993 at a Comedy Club. I was given permission by the comedy club to tape it as I was one of the comedians performing that night. I recently viewed the video again for the first time in almost 30 years....and 2 of the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2020

Very likely you are not. It is very possible the people in the video have some rights over the video.

You may have to reach out to the people live or their estate and get permission from them.

You should consult with an attorney, and also talk with an insurance company that...
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1 Answer | Asked in Copyright for Massachusetts on
Q: Do I own a copyright if someone else fixes my work in tangible form before I do, e.g. a dance or song I create?

Suppose, for example, I choreograph a dance and teach it to a group. But before I take other action, someone from the group makes a video of himself doing or teaching the dance---not claiming to have created it, in fact explicitly giving me credit. The dance is now fixed in tangible form, but not... View More

Tania Maria Williams
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Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2020

Did you write down the steps to the choreography? If so, you may have fixed tangible expression already. If not, I would suggest putting it into a tangible fixed form as soon as possible and then registering it with the Copyright office. If I can assist you further, please feel free to email me at... View More

1 Answer | Asked in Copyright, Probate and Trademark for Massachusetts on
Q: How do I find out about a will from my great grandfather??

He was an inventor and patented at least 2 machines that I no of. How can I did out about patents payments inherited residual or my rights???

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 21, 2019

If you are the Court appointed Personal Representative of his estate, then you have authority to

contact the Patent Office or you can engage counsel or a search service. Also, you will be able to

review his tax returns, and financial and all other records.

3 Answers | Asked in Bankruptcy, Copyright, Employment Law and Immigration Law for Massachusetts on
Q: I’m an aspiring lawyer, any advice?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Yes. Stop wasting time asking silly questions here on Justia.

Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...
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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: Would trademarking be the best route to go in order to protect a brand you've built on social media?

For example you have a page that posts quotes and sells merchandise. Would a trademark protect quotes and merchandise with the brand name on it from being stolen?

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Mar 29, 2019

Trademarks protect the indicia of the source of goods. So, yes.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Massachusetts on
Q: Hi, I created unique aphorisms and want print them on clothes. How prevent copying of aphorisms?

Should I patent it as intellectual property? or copyright?

Should I go to lawyer or I can do it by myself online?

Thank you

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 4, 2018

Patents are not the answer as the patent part of the PTO does not care about the text; they care about the function or the ornamental design.

You can chase a trademark (need to specify trademark to get this to a TM lawyer on JUSTIA).

Not a perfect fit as a trademark is intended to...
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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: We have been using the words Orca Envelopes for years to describe their high strength. we did not attempt to trademark

the name Orca. A week ago a trademark for the words was granted to someone who has not been using those words before. Can my company protest the issuance of such a trademark (words) to that party?

Benton R Patterson III
Benton R Patterson III
answered on Mar 19, 2018

It depends on the context in which you use the word Orca and the context that the trademark applicant plans to use the word in. You may have grounds to cancel the trademark. An attorney would need to review all the facts to determine if you have a case.

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Massachusetts on
Q: What is the usual fee or percentage given to the person who's intellectual property I'll be teaching?

I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or... View More

Will Blackton
Will Blackton
answered on Mar 1, 2018

It depends!

What are you coaching?

From what language are you translating and to which language? That's an atypical piece of the puzzle.

What type of IP are you using?

How will you be reselling the IP?

The answers to those questions and more will...
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2 Answers | Asked in Copyright, Internet Law and Intellectual Property for Massachusetts on
Q: Can I legally add the word 'fund' to the url for a website?

I am not a registered nonprofit or charity, but I help fundraise for one. Example: billsfund.org

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 23, 2018

It could be considered a material misrepresentation unless there is an agreement in place that protects, you, the charity and the donor.

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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: Is it legal to sell a dice game based on a real copyrighted game for fake currency that has no real world value

I regularly attend a LARP in which we created a dice game that is based on Pirates Rollin' Bones (https://www.amazon.com/Pirates-Rollin-Bones-Dice-Game/dp/B004RL774A).

Our spin-off version has several significant differences (6 instead of 4 sided dice, different images, slightly... View More

Benton R Patterson III
Benton R Patterson III
answered on Aug 7, 2017

This is a difficult question to answer without studying the two games in detail because there are several aspects of a game that can be copyrighted. But, I can try to give a few pointers. Illustrations and the bone shaped pieces are protected by copyright. Basic game of chance concepts with dice... View More

2 Answers | Asked in Copyright, Business Law and Trademark for Massachusetts on
Q: What qualifies as trademark infringement? If a company produces a product that looks similar to another's, is that okay?

I recently purchased many portable speakers from a vendor in China. The company produces many authentic speakers (iLepo), but they also wholesale "fake" JBL speakers on a international wholesale store.

The speakers look pretty similar, but they intentionally took off the logo on... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 2, 2017

if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.

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1 Answer | Asked in Copyright for Massachusetts on
Q: Is it legal to sell a CD of cleaned up graphic/photo files of vintage advertising signs for use on scale models?

For instance, old gas station signs, Western Union telegraph signs, food advertising signs, etc.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

You have to first determine if there are Intellectual Property rights related to such signs and ads. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,... View More

1 Answer | Asked in Copyright, Intellectual Property and Libel & Slander for Massachusetts on
Q: Can a public domain image of a politician be used for a commercial product, or do personality rights come into play?

I'm curious if all the humorous political paraphernalia that includes an actual photo of a person is legal or not. (For example: Trump or Obama toilet paper)

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 7, 2017

Copyright in images typically does not apply to parodies, and it is unlikely you can libel a famous person (a "public figure") with a political humor under the First Amendment and New York Times v. Sullivan unless your statement is presented as a fact and you have "actual... View More

2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is the actual punctuation mark semicolon trademarked by this company?

I've heard of people having their jewelry on etsy removed due to having a semicolon in their design. It does refer to the project semicolon organization but is just the actual punctuation mark, not their logo or anything like that. Is it still not allowed?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 29, 2016

I see no basis for an IP assertion of rights re: simply a semicolon. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

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