Get free answers to your legal questions from lawyers in your area.
My product contains 5 products that already exist on the market. I just put the 5 in one small pouch and with that, I created a new purpose and function and made an entirely new product.
answered on May 7, 2018
If there is no privileged, confidential, trade secret or other proprietary information that you or your company owns and protects as such, I am unsure what purpose is served by requiring the other company to sign a NDA. If you have a good relationship with this other company you may want to... View More 
we are righting a famous person tribute and wanted to know if we have the legal right to use an image, one in which we recreated through visual design software.
answered on Mar 30, 2018
Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.
Others are using the name and music of my late step father without my permission. What can I do?
answered on Mar 29, 2018
I suggest that you discuss the matter with an attorney with expertise in intellectual property law. She or he can advise you if copyright still subsists in each of the works and what rights, if any, exists in connection with the use of a deceased person's name. If there is good reason to... View More
Does fair use eductional purposes only apply for teachers? Are bloggers, website owners, or regular website users allowed to use this reason? For example, you are posting some informative content in your website with the image(the image is related to the context) which is copyrighted also posted.... View More
answered on Feb 16, 2018
The statutory fair use exception to a copyright owner's exclusive rights applies to all.
Does posting a copyrighted image of certain health conditions in your health website for informational reason considered fair use by educayional or infromative purposes? Thank you?
answered on Feb 16, 2018
Unlikely since you intend to reproduce the entire image. Discuss it with a copyright attorney.
Hi,
I am a mobile application developer, specializing in app development for Apple’s iOS platform. The trademark “iOS” is owned by Cisco and leased to Apple for their mobile operating system.
With that in mind, can I register an LLC or a DBA using iOS as part of my legal... View More
answered on Feb 14, 2018
In my opinion, your proposed idea is not a prudent one and could very well be a costly one.
I hired an attorney for a DUI case, i was making monthly payments and he always showed up for court. I made final payment in December, attorney did not show up for january or feburary court date. on february court date asked judge for public defender judge says he can not assign public defender... View More
answered on Feb 13, 2018
Madam or Sir:
That is unfortunate. I suggest that you first contact the Illinois State Bar association. They may be able to provide new contact information or clarify your attorney's status. If that fails, I suggest that you next contact the Illinois Board of Bar Overseers to... View More
The video can be seen here: https://www.seedandspark.com/fund/thegrind
answered on Jan 31, 2018
Doubtful. Go online and read the section of the U.S. Copyright Act of 1976 which defines what is a fair use.
The whole zine (magazine) is an ode to the influence and inspiration I received in my life from the album which is explained in the introduction. I've taken some of my favorite lyrics and created a series of analog collages for each lyric. I listed the credits on the end page. I have reached... View More
answered on Jan 31, 2018
Copyright infringement requires that there be a substantially similar reproduction of another's original work of authorship. It is a fact-intensive inquiry and may be, but is not necessarily always, tied to the actual amount of copying from the original work of authorship. It may be a good... View More
Witch was rusted started to leak .By the time they were done they broke the turbo (A$1200.oo part ) witch I replaced .Now the garage gives me a bill for $600 oo for replacing it
What should I do
answered on Jan 31, 2018
You may consider contacting your state's attorney general office to speak with its consumer fraud division, or the better business bureau.
More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.
The lyrics generally follow the same rhythm very closely, but I can't say the words always match the original in basic sounds even 30% of the time. I've done this solely for myself and not for profit, but I only recently learned of Fair Use and would like to legally share my passion with... View More
answered on Jan 31, 2018
That is a complicated question to which you should seek the advice of an experienced copyright attorney. A discussion of the Fair Use doctrine can be found online. See: Elliott Epstein, Esq., and Andrew Zulieve, Esq., "The Fair Use Doctrine: Commercial Misappropriation and Market Diversion."
Moreover, the international class is 016, which is the class over goods/services in commerce dealing with paper materials and printed matter. Simply, if the "App" just identified greeting cards and is registered, is it justified or congruent to perform trade through also standard printed... View More
answered on Jan 31, 2018
You need to consult with an experienced trademark attorney prior to taking what seems on its face to be a very risky tack. If your proposed product is sufficiently related to that sold under the registered mark, then you may have a serious infringement issue.
answered on Jan 31, 2018
It depends on several factors, the two most important of which are (1) similarity of marks, and (2) similarity of goods or services. Assuming that SENSEI ESPORTS and SENSEI are arguably similar, the issue is whether or not the goods or services provided by your company are sufficiently related to... View More
answered on Jan 31, 2018
Possibly. The respective goods or services need not be identical to one another, only sufficiently related such that consumers would be expected to encounter the respective goods or services under similar buying conditions.
When you trademark a name, I know that variations are covered under the idea that they create conflict but is it possible to list known variations that are used colloquially under the same application or do they all need to be done separately? For example if the official name is Product-X Service... View More
answered on Jan 10, 2018
Your issues are a bit unclear, but these principles might be helpful:
1. The underlying right to use a particular trademark is acquired by actual use in commerce.
2. For a mark used in commerce but not registered with the U.S. Trademark Office, the geographical scope of protection... View More
No need as I found the answer.
answered on Nov 20, 2017
You need to obtain the services of a patent attorney skilled in this particular field to conduct a patentability search and opinion .
I mean to adjust the copyright statement to my book?
There is a copyright law on legal documents?
There is a problem with doing so?
answered on Nov 13, 2017
You cannot make any unauthorized substantially similar or identical reproduction of a written work protected by copyright. This general prohibition is subject to certain statutory limitations, including, the so-called "fair use doctrine." The nature and purpose of your use of that... View More
answered on Aug 22, 2017
In my opinion, and speaking as an attorney with more than 20-years experience in trademark and intellectual property law, I believe that your money is better spent hiring an experienced attorney who can provide a detailed availability opinion for your proposed trademark, and prepare, file and... View More
answered on Aug 19, 2017
In the U.S., one acquires the underlying right to a particular trademark by actually using it in commerce on or in connection with the goods or services being sold under that mark. Neither federal nor state registration creates that senior right. So, assuming that you have had an experienced... View 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.
