Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brandon Baum
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Nebraska on
Q: If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?

If someone is already selling the gimmick needed for a magic trick along with instructions on how to do the trick am I able to make the gimmick and instructions myself and sell it as my own? Basically I would be rebranding an already existing magic trick product. I've heard that magic tricks... View More

Brandon Baum
Brandon Baum
answered on Jul 20, 2016

While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the... View More

1 Answer | Asked in Intellectual Property for California on
Q: Are there any legal cases related to an unpatented idea being stolen?
Brandon Baum
Brandon Baum
answered on Jan 30, 2011

Sure, it is usually in the trade secret context. One of the more notorious trade secret matters in recent memory was Avant!'s misappropriation of Cadence's trade secrets. After many years of litigation, 7 Avant! executives pleaded no contest to felony trade secret misappropriation and... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.