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I have an LLC established in 2023 named "Reaper Golf," primarily involved in selling golf clubs, specifically putters, and apparel. Recently, someone else submitted a trademark application with Serial Number 98466238, which matches our company's name. We haven't registered a... View More 
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answered on Mar 19, 2025
I'm currently handling a similar situation for a client who had been selling product for more than four years when a newcomer filed a trade mark application last year on the identical mark and similar product. This lead to at least a trade mark opposition:... View More
I am a jeweler wanting to copyright a few designs I've created to prevent other jewelers from using and profiting from my design style. My designs include gemstone wire-wrapped rings with a unique technique that not only makes them stronger but also features my own specific wire-wrapping... View More
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answered on Mar 16, 2025
You could be eligible for copyright protection and design patent protection on the individual designs, and possibly also utility patent protection on the method of wrapping the wires (depending how long you've been doing it or if or when you published the videos).
I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More
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answered on Mar 14, 2025
A court would consider several factors when assessing whether your proposed use of "Nuke Town Skate Co." might infringe on Activision's NUKETOWN name. First would be whether NUKETOWN, as used by Activision, actually functions as a trade mark, i.e. an identifier of Activision as the... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More
I have a copyright and patent related to an apnea device in both Europe and the US. I live in Spain and was previously sued in Europe for copyright infringement, where the opposing party demanded a percentage of my sales. We were able to prove that our device is not the same as theirs, and we won... View More
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answered on Mar 12, 2025
You might hope that the doctrine of res judicata would be helpful (https://jusmundi.com/en/document/publication/en-res-judicata). Sadly it is not necessarily recognized or applicable between different countries. Especially where you are dealing with explicitly national rights like patents and... View More
I am considering selling a PDF version of my book on social media platforms like Facebook. I have not officially registered the copyright for my book nor do I have a business license. The book includes a basic copyright page. My plan is to sell it directly online, emailing the PDF version to buyers... View More
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answered on Mar 7, 2025
You only need a business license to have a physical place of business in a given locale, or to go into customers' homes to perform a service. You don't need a business license to sell a book online. You also don't need to register a copyright in order to sell your book.
Your... View More
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
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answered on Mar 7, 2025
Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.
I have a trademark/copyright question regarding the use of a name that a university also uses. Although I believe the university has trademarked the name, the name is related to Catholicism and is not owned by them exclusively, meaning any Catholic can use it. I plan to use the name for a... View More
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answered on Mar 1, 2025
Trade mark registrations are limited to specific goods / services for which the registrant is *actually* using the mark. A registration that claims goods / services for which the registrant does not use the mark, often can be canceled.
Assuming that the university is not in the classified... View More
I am renting a property where the agreement states that I pay for electricity, while the landlord provides heat, water, and gas. The central heating, which is not electricity-based, is currently out of order. The landlord has given us space heaters, leading to a significant increase in our... View More
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answered on Feb 26, 2025
Probably yes, to the extent that you can clearly trace the higher electric bill to consumption by the space heaters. This could be a litigated question, and the cost of litigation would likely be two orders of magnitude more than the difference in your electric bill, with very little prospect of... View More
I am planning to create an online game in Connecticut that is open to participants aged 18 and older from any state. The game awards virtual currency as prizes to winners, and it is a game of skill. Participants will be charged a fee for services. There are no specific terms or conditions other... View More
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answered on Feb 26, 2025
You propose an interesting and potentially lucrative enterprise. The distinction between "skill" or "chance" will be significant to state regulators. Games of chance require special licensing. Games of skill do not. To the extent that your game of skill might incorporate a... View More
I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More
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answered on Feb 19, 2025
This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More
We manufacture roll up doors for fire/utility industry and want to make sure the name isn't trademarked for that use already.
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answered on Feb 1, 2025
Atty Altman noted the abandoned mark for ATLAS in class 6. It should be understood that an abandoned mark does not tell you for certain that the owner of the mark has stopped using it. It's just not registered any more. The owner still might be in business and selling the product under the... View More
Is it legal to open a taylor swift store?
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answered on Dec 30, 2024
It really depends on a lot of things. Yes, it can be legal if you obtain the proper licenses and permissions from Taylor's legal team, from the municipality where you're operating (if not online), and from the state where you're making the sales (esp. sales tax license). Consult a... View More
I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions
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answered on Dec 21, 2024
This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.
AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright... View More
Over the next two years I plan to have three side hustles:
- ESL Tutor
- Marketing
- Niche Content Creator
If I operate these under my legal name. How do I stay in compliance? I know that I will have to file separate Schedule Cs. The state website says I need a... View More
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answered on Dec 14, 2024
I'm glad to answer this question.
For almost all businesses you need a sales and use tax permit. You get that from DRS through myconnect.
I think that you can only have one permit per TIN so as a sole proprietor you would file only one return and payment per reporting period.... View More
I have an idea for a novelty in dentistry, researched it, and built a proposal, but I am afraid to present it to anyone because I could lose the rights of my idea. What do you think I should do? Thank you.
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answered on Oct 22, 2024
You can file a patent application, or a provisional patent application, to start the process of protecting your idea with a patent. Some ideas might be possible to protect as a trade secret, for example if you knew of a particular way to do a dental operation then you might teach people how to do... View More
I am a digital marketer for my freelancing company in Montreal, Quebec. My client paid for the month of august and apparently wasn't satisfied and decided to continue, next month we worked harder and hired new people, but the invoice was sent at the beginning of the month but never paid. we... View More
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answered on Oct 18, 2024
It depends on where the client is located and a few other factual questions.
If they are in the United States and you register a copyright in the content you created, and if there was not a contract between you and the client to assign them rights in the content, then you might have a... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
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answered on Oct 10, 2024
Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More
Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More
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answered on Oct 7, 2024
I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More
Hello. I intend to file a suit against a company that's not located in my home state of CT. The other company is located in Wyoming and California, as well as other countries. It seems very vague as to whether or not I can file the suit in CT. Can anyone clarify this? What I can tell you about... View More
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answered on Sep 9, 2024
Yes, you can file suit in CT for an injury that happened here, and it is something that a licensed CT attorney like myself could help with. You should be aware that a "foreign" (out-of-state) company could try to have the case "removed" to Federal court if the amount in dispute... View More
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