I own all the domains associated with it, however, there is already a trademark for the name in the US, but the business has no online activity at all, and, I think they're doing business in a different class to me?
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answered on Apr 9, 2020
If the goods are not related you may be able to. Feel free to contact me for further assistance so that we can protect your brand properly. tania.williams@williamsfirmpa.com or 561-370-7396.
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answered on Apr 6, 2020
Once you created the graphic design, you owned it. You are free to use it how you wish. I would suggest having a discussion with an attorney about protecting the design by trademark as well if you plan on using the design as a logo. There are protections that trademark can give you with use that... View More 
I would like to use other pictures, but the ones I'd need to use are over 40 years old and it has been increasingly difficult to find the people who took them to even ask for permission. Is there any way that I can photograph the replica NFL jersey without getting into trouble? If not, how... View More
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answered on Apr 6, 2020
You have a couple issues here because the copyright in the photograph likely still exists and any use without permission would constitute infringement. It can be difficult to figure out who to get permission from if there is no identifying information for the photo. However, you may also have a... View More
Could it be a copyright violation to show a product photo without permission?
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answered on Mar 25, 2020
Use of another's photograph without permission is likely infringement. There are defenses to infringement, bit they are just that, defenses. That means there is still the ability to be sued for infringement and you have to hope that your defense prevails. It also depends on how you're... View More
There are two separate photographs from two separate cameras, but said photos are identical.
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answered on Mar 25, 2020
The answer to this question is still a bit up in the air because the Rentmeester case deals with just this situation except it was Nike and the Jumpman logo at issue. Rentmeester took a picture of Michael Jordan in a particular pose. Nike recreated the picture almost exactly and used it for... View More
I am an adjunct lecturer at a university in California. My employment status is part time and varies from quarter to quarter. I have evidence that all my teaching materials including lectures, power point slides, quizzes, exams, etc. are readily available for download from a University server.
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answered on Mar 25, 2020
Unfortunately, they might because the materials were created during the scope and course of employment for the purpose why you were hired. You may want to check your employment agreement if you have one because ther usually is a clause regarding the ownership of intellectual property.
For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?
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answered on Mar 25, 2020
Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the... View More
did not pay them so they putting a lien on our property is this legal?
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answered on Mar 24, 2020
This isn't an intellectual property question, but yes this is legal. Chapter 713 allows someone to put a mechanics lien on property for unpaid fees provided they comply with the requirements of the statute.
can i send the example of the t shirt for reference? dog theme is purely general, no negative/positive undertones,
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answered on Mar 23, 2020
The issue here may not be one of trademark but rather the right of publicity. Snoop is a celebrity whose name, image and likeness have monetary value. If someone else uses that for monetary gain they could be liable. Feel free to email me at tania.williams@williamsfirmpa.com for a consult so... View More
I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... View More
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answered on Mar 23, 2020
There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... View More
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answered on Mar 23, 2020
I can help you with your trademark needs. Feel free to contact me at tania.williams@williamsfirmpa.com.
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answered on Mar 23, 2020
It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... View More
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answered on Mar 23, 2020
When doing a basic search in TESS (Trademark Electronic Search System), you can change the "Field" option below the search bar to "Owner Name" instead of the default field which is "Combined Word Mark." This will allow you to input an owner's name to do the search.
Hi. "Phantom of the Opera", the classic 1925 silent film is in the public domain. Does this mean I can legally print a t-shirt with the Phantom's face on it? I don't want to be sued by Lon Chaney's family for infringement. Can I use this image as long as it doesn't... View More
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answered on Mar 12, 2020
Keep in mind that while a work may no longer be protected by Copyright that doesn’t mean it’s not protected by trademark if the brand is still being used. Also, while the 1925 film may be in the public domain other derivative works like the Broadway musical may not be.
What I want to know is if they can sue me just for briefly mentioning in the book that the park has been destroyed.
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answered on Mar 10, 2020
It wouldn't technically be copyright infringement, but please be advised that Disney is VERY litigious and aggressively protects all their intellectual property including their name.
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answered on Mar 3, 2020
The USPTO has the information for either the attorney of record or the mark owner in the TSDR (Trademark Status & Document Retrieval) info for the mark. You can reach out to the attorney or owner with an inquiry.
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answered on Mar 3, 2020
Just because the works aren't registered doesn't mean they are not protected by copyright. You would need to put a plan for dividing the assets upon dissolution in the operating agreement (if you're in the planning stages) or come to an agreement on dividing the assets if there is... View More
Hi,
I am a programmer and I am creating an application involving streaming movies using a revolutionary technology. I am looking for a lawyer with copyright knowledge. The video files are provided as torrents and are not kept on the server. My questions are: Is it legal to stream the movies... View More
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answered on Mar 3, 2020
Streaming the movies without a license to do so violates copyright. Think about Napster and all the MPAA litigation that was going on against ordinary individuals who were downloading content. The damages calculation could get very costly as well so I would caution against it.
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answered on Mar 3, 2020
If the mark belongs to someone else (which I’m assuming it does based on the way the question is written), you could receive a cease and desist or find yourself in litigation over the domain.
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answered on Mar 3, 2020
The Craven estate owns the rights to Freddy Krueger and are actively enforcing them. Just last year, a company that makes action figures based on the Nintendo versions of Freddy and Jason has to stop production because of the ongoing legal battle over the rights to the characters. I wouldn’t... View More
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