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Questions Answered by Andrew Zulieve Esq
1 Answer | Asked in Intellectual Property for Maine on
Q: How do I prove ownership of property for the museum if previous owner does not properly log the article in as a donation

The previous curator received articles designated for the museum but failed to log them in as a donation. The original owner has deceased and the only evidence we have is an article written by the previous curator stating that these articles were going into the museum's collection. The son of the... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Aug 19, 2017

This is an interesting question. It implicates several legal concerns (1) ownership of the physical letters, (2) ownership of the copyrights in them, and (3) transfer of property of the intestate (no will) of the deceased. As to (1): Intent to give the articles to the museum as a gift can be... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Ohio on
Q: I own a mobile home. I rent the property the home is on. Am I legally able to have a dog?
Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 27, 2017

It depends on the rental contract that you have with the land owner. If the contract prohibits you from having dogs or other pets on the property, then likely you cannot have a dog on it. If there is no contract, then an attorney may be required to review the local ordinance on this issue.

1 Answer | Asked in Divorce and Intellectual Property on
Q: My common law and I bought a house together, payed it off but it was always in her name. She won't pay me out

She since bought a new car going on trips and is engaged to remarry. She's putting his name on the mortgage. Well that stop me from getting my half

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 20, 2017

I would immediately obtain the opinion of an attorney experienced in family law matters. Some of the answer depends on whether-or-not your state recognizes common law marriages, and if so, how does that state's law address distribution of property upon separation.

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: i have a idea for a video commercial in a specific industry can i copyright it before i pitch it to big companies?

is a video script considered a tangible medium in order to protect the idea?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 14, 2017

The U.S. Copyright Act of 1976, provides that an original work of authorship automatically has statutory copyright from the moment it is created and fixed in a tangible medium of more than transitory duration. Copyright does not protect ideas, only the actual expression of the idea fixed in a... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law on
Q: My neighbours come home after midnight and dont shut the gates

So i personally shut the gates by 11 but when they come they open it by dashing it with their cars and bikes and leave it open whole night. My house being the 1st in line is endangered and after multiple warnings they still continue. What should i do?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 6, 2017

Much more facts are needed, in particular, a better description of the nature of the property, character of the housing and neighborhood etc. Given the limited information available and the lack of cooperation with whoever "they" are, you may file a complaint with the local police. Otherwise,... Read more »

2 Answers | Asked in Intellectual Property for New York on
Q: If a trademark is abandoned, can I use it?
Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jun 5, 2017

I agree with my colleague's answer. Determining if a mark has been abandonment may require a complicated, mixed considerations of fact and law. For example, a a trademark once registered with the U.S. Trademark Office may have been cancelled for reasons other than abandonment of use of the mark... Read more »

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1 Answer | Asked in Intellectual Property on
Q: Hi, have a question regarding possible copyright/trademark infringement or plagiarism.

I wrote a short manifesto but after I wrote it, I found out that two Nike ads have similar sentences in them. I was really surprised as I haven't copied them but still I'm worried if this could be seen as copyright/trademark infringement or plagiarism.

Andrew Zulieve Esq
Andrew Zulieve Esq answered on May 11, 2017

Under the U.S. Copyright Act of 1976, as amended, copyright does not extend to short terms, phrases and slogans. In addition, to constitute an infringement an original work of authorship that is eligible for copyright protection, a suspect work must be substantially similar to the original work.... Read more »

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: GPL and copyright infringement

Our business redistributes plugins and themes created by 3rd party developers under the GPL license for $9.99 per month. Are we allowed to use the author's logo to credit where the original item is from without being hit with copyright infringement?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Apr 12, 2017

I believe what you intend to use is the author's trademark. To be on the safe side, I would run it by both the third party developer and the owner of the trademark logo.

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5 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Opening a new company and then a business. Have a Trademark Question on whether company n business name hav to be same?

1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Apr 7, 2017

1. You can incorporate under one name, but can actually do business under an assumed name. That assumed name can be a trademark or service mark, as well.

2. Because the U.S. recognizes common law trademark rights based on actual use in commerce (registration does not create the right...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: When can you be construed as copyrighting a name?

I have a fictional character that is part of a group. On items featuring the character, I have "Character, Group, and all related characters are © me"

An individual with a group that has the same name is claiming that by doing this I am putting a copyright claim on the name (even though... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Apr 6, 2017

Your factual scenario is a bit unclear. Names, short phrases, slogans and terms are not subject to copyright law. Copyright attaches automatically to original works of authorship, which may include the character that you describe. Copyright notice is no longer obligatory to perfect copyright in... Read more »

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