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Questions Answered by Morgen Bowers
1 Answer | Asked in Copyright and Trademark for New York on
Q: Can my mother get a trademark for the name of a church dance group that she started?

My mother started this church dance group about 10 years ago and recently wanted to get either copyright or trademark protection for the name. Can she actually get a trademark for the name even though she has not formed a separate entity for the dance group?

Morgen Bowers
Morgen Bowers answered on Jan 29, 2018

You do not need to have an entity to own a trademark. As long as the name otherwise qualifies for trademark registration, she can own the trademark personally. There is not enough information here to determine if the name would qualify for a trademark registration.

1 Answer | Asked in Trademark and Intellectual Property on
Q: If a name is registered to be used in one section ( clothing ) can this still be used for other type of business (food)!

I have online checked the name and its registration details,, and it clearly reads that the name is for clothing ( different types ),, could this give me the right to use and register the name for food ( restaurant ) business ?!

Morgen Bowers
Morgen Bowers answered on Jan 29, 2018

I hate to say it, but it depends. Certain classes the PTO considers close enough that there may be a natural extension. If it is a very famous mark (like Nike, Coca-Cola or Planet Hollywood), than this is more likely. Especially, if the marks are exactly the same. Classes with goods which are... Read more »

1 Answer | Asked in Copyright for Idaho on
Q: Is it against the law to have the intent to steal copyrighted or patented information.
Morgen Bowers
Morgen Bowers answered on Jan 29, 2018

Generally speaking, if it is just one person who has not do anything in furtherance of actually stealing, then no, it isn't illegal -- i.e. it isn't a illegal to just have the idea in your head, you have to take some sort of action to accomplish the goal (e.g. downloading or copying the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Do I need permission from a publisher or author to create an Audio Book from a book that is currently out to the public?

There is a book that has been out for over 10 years that I would like to create an audio book of and sell the audio book do I need permission from author and/or publisher to do this?

I am wondering if this works like the music industry in that the rights of the book is retained by the... Read more »

Morgen Bowers
Morgen Bowers answered on Nov 18, 2016

Yes. Unless the book is in the public domain (meaning it is no longer subject to copyright protection), you need permission to make a derivative work such as an audio book. The contract between the author and the publisher determines from whom you need the permission.

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