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Questions Answered by Andrew Zulieve Esq
1 Answer | Asked in Intellectual Property and Trademark on
Q: Can i use Bonnie and Clyde as a part of my branding outside of gaming industry if a trademark is not mine?
Andrew Zulieve Esq
Andrew Zulieve Esq answered on Dec 29, 2018

It depends on the service or product on in in connection with which you intend to use this trademark. There are several active U.S. registrations for the BONNIE AND CLYDE mark and there may be others not registered but in actual use in commerce in the U.S. (so-called "common law" marks). I... Read more »

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for District of Columbia on
Q: Is it allowed to use logos of automotive companies in the commercial video? The video shows the progress of the industry

I'm a video editor and was hired to make an internal use video for one company that wants to expand their business. As a part of the video, we need short animation showing the race for electrification in the automotive industry. I need to include logos of the GM, TESLA, NISSAN, and other industry... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Dec 17, 2018

Although such use may not amount to a trademark (or perhaps copyright) infringement, my suggestion is to contact each company and obtain their written authorizations to use their respective logos.

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1 Answer | Asked in Intellectual Property for Indiana on
Q: I designed an education program while working for a company who uses it to train clients. No terms in place, is it mine?

I developed an educational program that my company charges clients to use. It was something I had developed both prior and during employment with the company. There was never any terms written about who owns the material. If I decided to leave the company, do I have ownership of the educational... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Dec 17, 2018

Under the facts that you describe, and absent any written provisions to the contrary, I would say that your work is a "work made fore hire" within the scope of your employment. If so, your employer owns the copyright to this work.

1 Answer | Asked in Intellectual Property and Trademark on
Q: If I own the trademark to a phrase that includes a slang/abbreviated word, do I have to register the full word too.

Example. Trademark is: I Luv New York. Do I need a separate registration for I Love New York.

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Nov 7, 2018

In the U.S., registration of a term or phrase is not required to establish rights if the term or phrase is already in use in commerce as a trademark to identify your company as the source of its products and/or services. Registration (federal or state) does provide some certain substantive... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Iowa on
Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?

Trademark taken by another person/company: Live by the seed of your plants

Our trademark: We live by the seeds of our plants

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Nov 3, 2018

If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for Nebraska on
Q: I wrote a story and a radio station wants to play it on the radio. Should I sign the release form giving them copyright?

My children's story was performed for the public by a director friend and a radio station recorded it for us. They now want to play it on the radio and need me to sign a release form giving them copyright over the broadcast recording. I am still trying to get my story published in book form and I... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Nov 2, 2018

I would have the release carefully reviewed by a copyright attorney. Depending on the language in the release, it is possible that you are assigning (giving up for all time) at least one and maybe all of your bundle of exclusive copyright interests. Since it appears that you do not want to do... Read more »

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1 Answer | Asked in Intellectual Property and Landlord - Tenant for California on
Q: Hi what form do I fill out when I have been evicted and the landlord is selling my property and claiming it as his own?

I have all my tools and farm equipment in a storage bin and the owner of the house is refusing to let me remove my belongings.

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Oct 29, 2018

Typically, a landlord must make your property available for you to pick up. You should discuss this with an attorney in your locale that handles landlord/tenant matters.

Q: What more can I do with this Patent? Everyone is so impressed with this idea and really believes in it.

Interested in any partnership or contract deal. Please contact me at 718-810-3239

Multi-Compartment Beverage Container

Publication number: 20120055818

Abstract: A disposable (or recyclable) beverage container includes two or more liquid-tight subsections, each subsection... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Oct 5, 2018

You might also consider approaching beverage manufacturers, although I would be cautious about that and obtain the advice and assistance of an intellectual property attorney before doing so.

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1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: How do I deal with a Trademark infringement accusation ?

I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that notice were trademark... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Oct 5, 2018

Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications... Read more »

1 Answer | Asked in Intellectual Property and Small Claims for Oklahoma on
Q: Strangers broke down left their car on my property. Tried calling them, phone is off. Been here 25days. How to claim $?

I own this residential private property.

Failed attempts at contacting them. Have not heard from them in over 2 weeks.

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 8, 2018

File a report with the local police and let them investigate the matter for possible criminal charges.

1 Answer | Asked in Intellectual Property, Internet Law and Trademark on
Q: Can safely I register a domain name that sells advice on a major ecommerce platform ex:"NewEggQuestionsAnsweredHere.com

I know I can't sell similar items or represent the website in a way that may confuse customers of NewEgg.com, but how likely would NewEgg be to take my domain if I'm advising customers on how to buy or sell on their website?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 8, 2018

Your question is a common one, and I typically advise any client who asks it as follows. If you have to ask an attorney that question, you probably realize that your proposal to adopt a domain name incorporating another's domain name or trademark is a potentially risky one. Because of this, I... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.

What are my options?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 8, 2018

I agree with my colleague. The determination of abandonment can be a factually and legally complex one. Before you take your proposed action, I strongly suggest that you obtain an availability clearance opinion from a competent trademark attorney.

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1 Answer | Asked in Contracts, Copyright and Intellectual Property on
Q: Is this license applicable to my software? https://cdn.shinobi.video/agreements/LICENSE.txt

I wrote this application https://github.com/ShinobiCCTV/Shinobi

I am the only copyright holder. I plan to charge for commercial use of my application but allow non-commercial use free of charge.

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 6, 2018

Dear Madam or Sir:

If you would please clarify what question you are asking, that would be appreciated. If you are inquiring if your use license can charge a fee for commercial use of the proprietary software, while allowing such use free for non-commercial purposes, I see no reason why...
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1 Answer | Asked in Intellectual Property for Nevada on
Q: Can I use pictures of celebrities, musicians, album covers in a blog that compares/contrasts or has surveys?

I want to have a blog that compares and contrasts celebrities, sports teams, musicians etc. I also want to ask readers who is better than who. For example: who would you rather have lunch with, Michael Jordon or Labron James? I want to be able to include images but cannot afford to pay for rights... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 5, 2018

Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.

1 Answer | Asked in Intellectual Property for Colorado on
Q: Am writing a comic book - should I just get a copyright on that, or on the characters too?
Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 5, 2018

Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Would this situation be considered trademark infringement? Details provided. Thank you!

In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 5, 2018

My initial thought is that your mark registration is safe. Priority refers to the filing date afforded to foreign applicants meeting certain criteria. I would guess that your mark will proceed through the process without negative impact from the foreign application.

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2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Incorporation in Delaware: trademark exists for company name but in different sector

Hi,

We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 5, 2018

I suggest discussing the matter with a trademark lawyer prior to spending $$ acquiring and developing the trademark. In the U.S., neither federal nor state registration creates the underlying right to adopt and use a term as a trademark in commerce. Actual use of the mark establishes that... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: Regarding copyright or trademark infringement, if I were to make a polo shirt to sell online with the words

If I were to make a polo shirt to sell online with the words “American Express” embroidered on the chest without a logo, and in similar but different font would I be at risk of copyright infringement? As long as it wasn’t printed on any type of financially related things that could mislead... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on May 17, 2018

No you would not be O.K. to sell it. "American Express" is likely to be considered a famous mark and probably protected by federal trademark registration. In addition to potential trademark infringement, you might also be at risk for for liability under federal anti-dilution laws.

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: If I make a polo shirt to sell online with company name, ie Chevy or American Express, is that copyright infringement ?

Or as long as I don’t use the same exact font or logo am I safe to make them?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on May 17, 2018

Not likely a copyright infringement, but quite possibly an infringement of those companies' trademarks. More importantly, I imagine those trademarks would qualify as famous marks and likely registered with the U.S. Trademark Office. I think your venture carries some significant legal risks.

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1 Answer | Asked in Copyright and Intellectual Property for Wisconsin on
Q: Copyright Use

Hello I am currently developing a college football website, and I created a logo that I am wondering if it would be OK to use. The logo uses the Big Ten conference font and says "B1G" like the Big Ten logo, but it is stretched out and there is a football filled inside of the letters (might be... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on May 7, 2018

You probably should discuss this with an experienced intellectual property attorney. The issue may implicate issues of both copyright and trademark law. Your proposed logo may infringe the trademark rights of the Big Ten Conference if your logo creates consumer confusion as to the source of your... Read more »

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