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Questions Answered by Andrew Zulieve Esq
2 Answers | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for New York on
Q: I like to private label my product. It can not be patented & the company is not willing to sign NDA. What to do? Thanks.

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.

Andrew Zulieve Esq
Andrew Zulieve Esq 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... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Writing a famous person tribute.

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.

Andrew Zulieve Esq
Andrew Zulieve Esq 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.

1 Answer | Asked in Intellectual Property for Ohio on
Q: My mother left me the intellectual property of her late husband a Grammy Award winner, in her will. How do I protect it

Others are using the name and music of my late step father without my permission. What can I do?

Andrew Zulieve Esq
Andrew Zulieve Esq 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 believe... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for California on
Q: Does fair use eductional purposes only apply for teachers? Are bloggers or website owners allowed to use this reason?

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.... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 16, 2018

The statutory fair use exception to a copyright owner's exclusive rights applies to all.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Does posting a copyrighted image of certain health conditions in your health website for informative purposes a fair use

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?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 16, 2018

Unlikely since you intend to reproduce the entire image. Discuss it with a copyright attorney.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Q: Question about registering a legal entity in the software industry using a well known trademark.

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... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.

2 Answers | Asked in DUI / DWI and Intellectual Property for Illinois on
Q: How can I get another attorney due to attorney hired not responding and judge is demanding attorney and won't assign PD

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... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq 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 discuss...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Pennsylvania on
Q: I'm creating a campaign video using clips from popular music and tv videos. Can this be considered Fair Use?

The video can be seen here: https://www.seedandspark.com/fund/thegrind

Andrew Zulieve Esq
Andrew Zulieve Esq 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.

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Can I use some lyrics from an album in a zine I created of analog collages if I give credit to the artist/album?

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 out to... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq 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 idea... Read more »

1 Answer | Asked in Intellectual Property and Consumer Law on
Q: I took my car to a local garage to have exaust leak fixed ( the 2 bolts ,springs ) witch I suplied .The coolant line

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

Andrew Zulieve Esq
Andrew Zulieve Esq 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.

1 Answer | Asked in Business Law and Intellectual Property for Minnesota on
Q: I brought my own CAD software and computer to use at work after signing an NDA with a new employer. Is the NDA valid?

More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jan 31, 2018

Yes.

1 Answer | Asked in Intellectual Property for California on
Q: Would praise and worship lyrics (non-humorous IMO) sung to secular music still fall under parody or fair use protection?

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 others... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq 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."

1 Answer | Asked in Copyright, Intellectual Property, International Law and Trademark for Florida on
Q: May a registered mark be used on a good not directly specified in the "App", but in the same class? The class is (016).

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 paperback... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq 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.

1 Answer | Asked in Intellectual Property and Trademark on
Q: Hi, If we acquired the Trademark Sensei Esports, could we face legal action from the owners of the trademark "Sensei"
Andrew Zulieve Esq
Andrew Zulieve Esq 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... Read more »

1 Answer | Asked in Gaming, Intellectual Property and Trademark for Utah on
Q: If trademark is registered as board game (Goods and Services is: Board games) would it be enforceable under video games?
Andrew Zulieve Esq
Andrew Zulieve Esq 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.

2 Answers | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: With a trademark application, is it possible to list colloquial variations of your trademark name?

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... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq 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...
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1 Answer | Asked in Intellectual Property on
Q: Can I patent a new delivery method for a generic antibiotic to be given to a specific organ?

No need as I found the answer.

Andrew Zulieve Esq
Andrew Zulieve Esq 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 .

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can I use a copyright statement of a certain book and change only the information about the writer and the book?

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?

Andrew Zulieve Esq
Andrew Zulieve Esq 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 material also... Read more »

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the best online service to use to trademark my company logo, slogan/process Is it risky for me to do it myself?
Andrew Zulieve Esq
Andrew Zulieve Esq 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... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: How do I file a trademark for a phrase? Is there a cheaper temporary alternative before I do the big trademark?
Andrew Zulieve Esq
Andrew Zulieve Esq 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... Read more »

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