You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More

No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... View More

If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... View More

By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.

However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... View More

If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More

If you have drafts of the story which precede the drafts in the possession of whoever you are alleging claimed authorship. And you can lay a foundation for the authenticity of this evidence regarding the date it was created, then yes, possibly. Copyright in a work vests from the moment the work was... View More

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answered on Dec 16, 2022

There is certainly more information needed in this case. The plaintiff has the burden of proof in a copyright action so you should be able to produce any type of evidence that you drafted that story. First, if you drafted the story and the initial draft was stolen you may want to consider filing a... View More

You will likely be subject to a copyright infringement and/or counterfeit account ban and because you seem to have no licensing documents from the rights owners. Because you are apparently doing this knowingly, you will likely be permanently banned from these platforms without much of a chance of a... View More

This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... View More

If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... View More

I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.

Assuming no one else already has, it is possible to trademark such a phrase in connection with your products or services. I assume this will be used in connection with some particular headwear brand.

Have an IP lawyer look into the case to evaluate your options.

Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.

Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More

Any attorney would need more information to figure out what is going on and advise you how to proceed.

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need... View More

As long as you are uploading materials that are entirely yours, this means, that all pictures, sounds, and recordings are your creation, then, you should be fine. However, if any of those materials are protected by copyright and owned by someone else, it could be copyright infringement.

It is unclear what you mean "using" the show. If you are doing a critique about the show or commenting about it, this could be considered fair use, and you would be free to write the book without doing much legal diligence. On the other hand, fair use requires more information and... View More