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Questions Answered by Tania Maria Williams
2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Is it legal to print the phrase “don’t worry be happy” onto a sweatshirt?
Tania Maria Williams
Tania Maria Williams answered on May 7, 2020

Probably not if the copyright in the song is still active.

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1 Answer | Asked in Copyright for Washington on
Q: If someone were to take my private DM to them and use my exact words to then create merchandise and profit

Is there anything illegal with me not getting a cut or signing off consent

Tania Maria Williams
Tania Maria Williams answered on May 5, 2020

Copyright doesn't protect ideas so it would depend on what you actually said and whether it could be considered "fixed tangible expression" as defined by the Copyright Act.

2 Answers | Asked in Trademark for District of Columbia on
Q: What can I do about a cease and desist email regarding a trademark?

Been resolved - thank you!

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.

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1 Answer | Asked in Copyright for Illinois on
Q: How unique does a jewelry design need to be to qualify for copyright protection?

I have a small online jewelry business and a competitor filed a notice of copyright infringement on the platform where I sell. The designs she mentioned are fairly simple using mass produced charms and embellishments available from common jewelry supply sites. I checked the registration number she... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

No the copyright protection in the photographs do not extend to the items themselves. However, it may be that she may thinks that you used the photographs (or she could just not understand how copyright works which is a strong possibility).

3 Answers | Asked in Copyright and Trademark on
Q: If my company has the same name as a company that already has TM. Can I use same name if it's for a different product?

There is currently a company with the trademarked name "Tasty Box." They do hotel and restaurant service.

My Tasty Box is for a Potato Chip Brand. Can I still receive trademark for my company?

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

You may be able to register the mark if the USPTO doesn't consider your requested class a related good or service of the registered mark. Feel free to contact me for assistance.

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1 Answer | Asked in Trademark for Arizona on
Q: Trademark registration in AZ

I own two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.

When using basic word mark search... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Intellectual property question

Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

1 Answer | Asked in Copyright for California on
Q: In 2017, I posted a Tweet that is now featured on a Netflix documentary without my consent. Can I be awarded?

My name is visible, as my Twitter handle.

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

It depends on how the tweet was used, but more than likely, there is no recourse for damages.

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Texas on
Q: Post recipe

I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Question regarding copyright and trademark want to make sure before starting a business

I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... Read more »

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2 Answers | Asked in Gaming and Trademark for Texas on
Q: How to inquire about an individual's intent to sell goods/services in order to discover if I might infringe a trademark?

I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.

Searching this time around, there still... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

There are strict privacy rules that prohibit universities from disclosing student information. If you have the student's name from the article, you can probably do a Google search to see if you can find the student. However, I see that you said that you have already applied for the... Read more »

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1 Answer | Asked in Trademark for California on
Q: Trademark registration in AZ

I own a two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.

When using basic word mark search... Read more »

Tania Maria Williams
Tania Maria Williams answered on Apr 30, 2020

When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... Read more »

3 Answers | Asked in Trademark for Texas on
Q: Approximately how much would it cost to get a word mark trademarked?

Word mark for a brand ie Clothing, footwear, headgear. Goods and services etc

Tania Maria Williams
Tania Maria Williams answered on Apr 30, 2020

Cost varies depending on a few factors such as how many classes you're seeking to register the mark in, whether you're trying to register just the word mark or the word mark and logo. It's best to do a consult with an attorney who can give you a price specifically tailored to your needs.

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2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: If I have produced a parody logo of the Levi's logo with the letters rearranged, does this infringe copyright?

This logo would be to print on t-shirts to sell on an online store.

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

It's not truly parody if there is no comedic or ridiculing effect. Simply rearranging the letters will not be enough. Also, keep in mind that one of the remedies for infringement is destruction of EVERYTHING that has the infringing mark on it. So all your t-shirts, whatever you use to print... Read more »

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1 Answer | Asked in Trademark for New York on
Q: Would the name "The Boujee Girl UNLIMITED" be a problem with "Boujee girl Cosmetics" in getting a trademark?
Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

If the goods or services are identical or closely related, yes an examiner is likely to issue a 2(d) refusal for the mark based on the likelihood of confusion between the two. I would suggest contacting a trademark attorney who can do a comprehensive search for you so that you can build a... Read more »

2 Answers | Asked in Trademark for New York on
Q: Is there a way around this to keep my name? Does it matter that I've had my domain longer than they've been registered?

My logo says Boujee GIRL UNLIMITED. There is already Boujee girl Cosmetics. Will I have a problem getting approved?

Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

It's not about how long you've had your domain, it's about use in commerce. Some people use the mark for long periods of time before registering the mark and some do not. If their use came first, they will have priority. If your use came first then you may have priority for the... Read more »

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2 Answers | Asked in Copyright and Trademark for California on
Q: Hello My friends and I are making a Star Wars products review video would it be considered under fair use? Thank you

We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.

Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.

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2 Answers | Asked in Copyright for Pennsylvania on
Q: If a song is in the public domain, and someone writes a song with some of the same melody, can I still play the song?
Tania Maria Williams
Tania Maria Williams answered on Apr 21, 2020

It's not clear which song you intend on playing, where and how. The song in the public domain may be able to be used, but the person who wrote the new song has copyright protection in their song.

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2 Answers | Asked in Trademark for California on
Q: How would I be able to acquire an abandoned trademark name what els is required to own this name?

In specific trademark Serial Number: 86829892

Tania Maria Williams
Tania Maria Williams answered on Apr 15, 2020

Just because a mark is abandoned, doesn't mean it's not in use. I would suggest reaching out to a trademark attorney who can help you to do a comprehensive search and assist you in better protecting your brand.

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2 Answers | Asked in Trademark for Texas on
Q: interested in obtaining the rights to cancelled AMIGA trademark serial # 73571532. was wondering how to do that legally

from what i understand it was abandoned in 2017

Tania Maria Williams
Tania Maria Williams answered on Apr 9, 2020

Just because a mark is abandoned doesn't mean it's not still in use and the person may have common law rights. I would suggest enlisting the help of an attorney who can help you do a thorough search. Feel free to contact me at tania.williams@williamsfirmpa.com or 561-370-7396.

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