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New York Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: researched attorney names case NY copyright infringement

wanted attorney names

case Manhattan NY

contact information

Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

You should be able to find that - go to the Copyright section here for attorney listings. You could also run your own independent searches. Good luck

Tim Akpinar

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is my movie streaming application at risk of copyright infringement?

Hi,

I am a programmer and I am creating an application involving streaming movies using a revolutionary technology. I am looking for a lawyer with copyright knowledge. The video files are provided as torrents and are not kept on the server. My questions are: Is it legal to stream the movies... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

Streaming the movies without a license to do so violates copyright. Think about Napster and all the MPAA litigation that was going on against ordinary individuals who were downloading content. The damages calculation could get very costly as well so I would caution against it.

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: wanted to know firm attorneys contact copyright infringement Manhattan Federal court case
Tim Akpinar
Tim Akpinar answered on Mar 2, 2020

This is not a law firm (you ask about firm attorneys). It's only a Question and Answer board. If you need a copyright infringement attorney, you could look in the Copyright section here, or other Intellectual Property categories (you list Intellectual Property as a heading) if applicable, or... Read more »

Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 1, 2020

If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

1 Answer | Asked in Intellectual Property for New York on
Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

I'm very sorry for your loss. You could contact one of the attorneys here who practice in Puerto Rico, or you could repost your question in that geographical category. Go to "Other States," and you will see listings for attorneys who practice in Puerto Rico. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Have a question about cryptocurrency.

I just started working on a disruptive token to introduce in the crytpo space platforms in relation to the social & retail service settings. I'm in the U.S. and I am aware of the stringent regulations surrounding the issue of whether or not a token is considered a security. My token... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 25, 2020

Refer to the Howey Test, which is the most prominently used characteristics applied to analyze whether a debt or equity security exists. If you are still unsure, I would recommend obtaining counsel who is familiar with securities law. Remember, securities law is a federal issue for the most part,... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: As co-author of an artwork ( painting) can I sell my part of copyright without approval from my co-author?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

It depends. Do you and your co author have an agreement between you? If so, the terms of the contract will govern. If there is no agreement are you selling the actual copyright or an interest in royalties. Without an agreement, you can sell your part of the copyright, or a royalty interest.

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

John Martin Hilla
John Martin Hilla answered on Nov 25, 2019

The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd... Read more »

1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Who owns the code I wrote for an app when no contract was signed?

Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Nov 24, 2019

Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: T-shirt image containing car that is similar to Lamborghini - Trademark issue?

I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.

I wrote to... Read more »

Bharath Konda
Bharath Konda answered on Oct 16, 2019

You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture... Read more »

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: Please let me the process and needed documents to get tradmark.

Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.

Jason Brooks
Jason Brooks answered on Aug 5, 2019

Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Copyright laws in NY- replicating photos in paintings

I would like to start giving art classes to amateur students. This would involve them producing a painting, using a picture as a guide. What are the legal parameters surrounding the pictures I can provide, from which they will copy? Is it a problem to have them print pictures from the internet or... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

For personal use, not an issue, but if they are displayed publicly, like in a product label, periodical or on a website, there are potential problems, especially if the photo contains the likeness of a person without their permission. It gets tricky. Why not take some phots yourself. thereby giving... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on
Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 18, 2019

You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

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2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on
Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 11, 2019

What is "gov legal name"? Do you mean your name? You actually need to trademark your name. While it seems odd, if your name is a brand, you need to protect it. Whether you incorporate at this point or not (and it generally is beneficial to do so), if your name will be the name of the... Read more »

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1 Answer | Asked in Intellectual Property for New York on
Q: Hello, Is there a patent for this product: https://www.amazon.com/Scratch-Off-World-Map-Poster/dp/B01IIF4L9Y

Hello,

I would like to produce and sell a scratch-off world map poster and sell it on Amazon in the USA. I want to be sure that I won't get issues with this product because of trademarks and/or patents. I hope that you can give advice.

Are there patents for the scratch layer... Read more »

Sean Erin Serraguard
Sean Erin Serraguard answered on May 9, 2019

From a quick search of other Amazon offerings, my suspicion is no. Please see: https://www.amazon.com/dp/B075K3G8XF/ref=dp_cerb_2 and https://www.amazon.com/dp/B07G3DPJMF/ref=dp_cerb_3 Further, a quick search of various patent databases doesn't show any obvious hits. That's just a... Read more »

1 Answer | Asked in Workers' Compensation and Intellectual Property for New York on
Q: Hi, I'm a designer. I had an account on a "print on demand" platform www.teepublic.com, I created the designs and the co

My account was terminated and my commission not paid out, they claim it's due to my account being terminated because of intellectual property infringement. Is that legal, for them to keep the money I earned?

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 24, 2019

Whether this is legal or not will depend on the terms of the contract that you signed when you used their services. The terms are on their website (https://www.teepublic.com/terms). I have not reviewed their terms, and the link is for your convenience. This is not a full legal analysis of their... Read more »

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