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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If i have a phrase that i would like to be protected, what are the legal hurdles that i would go through and the cost?

is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful

Alan Harrison
Alan Harrison
answered on May 8, 2024

Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of goods or... View More

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3 Answers | Asked in Intellectual Property and Copyright for Missouri on
Q: Person doing artwork for cover I designed for my book is claiming ownership

I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More

Alan Harrison
Alan Harrison
answered on May 8, 2024

It's important that you have emails demonstrating what was to. In some States, a chain of emails can be a binding contract.

Contrary to what attorney Goodwin answered, you may accidentally have established "work for hire" - although this is unlikely. You could have a...
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2 Answers | Asked in Copyright and Intellectual Property for Iowa on
Q: What are the stipulations or best practices around asking AI to write poetry that will be used for choral music writing?

I am a composer and have ideas for poetry I'd like AI to help draft. I would then tweak it and use it as the text for choral compositions. I want to make sure that is legal or to learn if there are best practices around acknowledgements for the text. If I have to acknowledge Google Gemini for... View More

Alan Harrison
Alan Harrison
answered on May 2, 2024

Copyright in GenAI work is a fascinating topic. I would love to discuss it with you. A short answer to your question is that the U.S. Copyright Office does not register copyrights for works produced by Gen AI. No court so far has told them that they have to. Without a registered copyright, there is... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Wyoming on
Q: What specifically does this patent claim ownership over and what does it not?

I need to know specifically what this patent protects in terms of the use case for a europallet stacking procedure

Alan Harrison
Alan Harrison
answered on May 2, 2024

If you give a competent patent attorney a set of patent claims and a specific product, the attorney can give you a pretty good guess as to whether a jury could be convinced that the product does or does not infringe the claims. A competent attorney will not answer an open ended question like the... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am seeking legal council for a question I have pertaining to copyright and right of publicity?

I am reaching out to seek expertise on a copyright matter that pertains to the creation and sale of AI-generated images of celebrities, specifically Johnny Depp.

As an entrepreneur exploring opportunities in the digital art space, I am considering the possibility of generating and selling... View More

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

Hi! This is an interesting and innovative question that I have seen a few times. The question confuses copyright and associated legal doctrine of fair use with rights of publicity, which are a completely different area of law that does not embrace "fair use".

If you have a...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

Alan Harrison
Alan Harrison
answered on Apr 24, 2024

You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Georgia on
Q: I have a couple of question regarding patent law on a clinical lab testing assay.

There is a current technology that has a patent that will be expiring soon. I have an assay that was some basis on the technology in the expiring patent and have changed the assay significantly enough that it is different from the original but encompasses the technology. What are the cost... View More

Alan Harrison
Alan Harrison
answered on Apr 16, 2024

Cost for a patent application varies and most practitioners do not discuss pricing publicly. You get different quality of work depending how much you're willing to pay, but other factors also affect the pricing - size of firm, overhead, what other clients are willing to pay, etc.

A...
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3 Answers | Asked in Family Law, Adoption and Child Custody for Illinois on
Q: if my parents are getting evicted and dont have somewhere to go but i do, do they have the right to make me homeless

my parents are moving in with my grandma into a small bedroom and dont have room for me (17) or my brother (16) but my sister will let us move in so were not homeless do my parents have any rights to tell me no even if i would be homeless due to the situation

Alan Harrison
Alan Harrison
answered on Apr 1, 2024

Taking your question at face value, if your parents move in with your grandma but tell you that you can't move in with them, that is the kind of situation that would possibly cause the state to TPR, in which case you likely would be ordered to live with the closest adult relative who would... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, I am Raymond, digital art creator, how can I start trademark my brand name for my digital art?

I am dealing in mainly digital art, which focusing in NFTs, without registering the trademark, I feel not secure to launch my NFT with my brand name. I am in Thailand right now, but soon moving to Hong Kong,

Which kind of trademark do I need to register as well as the cost to register and... View More

Alan Harrison
Alan Harrison
answered on Apr 1, 2024

Filing for a U.S. trademark that you already are using will cost $250-$350 in government fees plus about an hour of attorney time. I takes about one year to eighteen months to obtain registration. You can and should use the trademark during the application process. The only thing to watch out for... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

Alan Harrison
Alan Harrison
answered on Mar 26, 2024

Like many software copyright questions, this one is fun to answer because it implicates the "merger doctrine" of (c) law.

Expressions of ideas have copyright as soon as the expression is made. Ideas themselves cannot have copyright. For example, detailed instructions for making a...
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2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
Alan Harrison
Alan Harrison
answered on Mar 22, 2024

It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

Alan Harrison
Alan Harrison
answered on Mar 19, 2024

As a resident of Norway who wants an international trademark, you can find good resources at https://www.patentstyret.no/en. They may even have a list of attorneys or agents who could help you to make an international filling. Because Norway is not part of the EU, you would need a Norwegian... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
Alan Harrison
answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

Alan Harrison
Alan Harrison
answered on Mar 14, 2024

It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My father in law a resident of Puerto Rico passed away recently. A couple of years prior to his passing he had his

daughter open a bank account under her name and he gave her funds to put in it. HIs wish was that when he passed she would distribute the funds per his wishes. Which she did. 2 weeks after his passing someone found a will and is now saying that the money in her account should be part of the will.... View More

Alan Harrison
Alan Harrison
answered on Mar 11, 2024

That sounds like an inter vivos gift! Even if it was a joint account with rights of survivorship, that money typically would avoid probate and his daughter would be free to distribute it however she wished (maybe even if she didn't comply with your father in law's directions).

3 Answers | Asked in Internet Law, Business Law and International Law for Connecticut on
Q: My question is regarding EU Cookie Law compliance for a business located in the United States that only does business US

The thought here was to ONLY local Analytics and Conversion tracking systems in the United States only using a geo-targeting system. This would assure that no one outside the US had any kind of tracking or cookies at all (other than necessary). The question is, if a European user were to access... View More

Alan Harrison
Alan Harrison
answered on Mar 12, 2024

The basic answer is "yes" - if a European visitor uses your customer's site and is tracked in violation of European law, your customer could theoretically be subject to EU penalties. The visitor's use of a VPN does not affect your customer's obligations.

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2 Answers | Asked in Trademark on
Q: Twenty game developers accused in trademark infringement from patent troll, we're in a dire need of urgent help.

We urgently need your assistance regarding a trademark issue. About a week ago, myself and twenty other game developers received a letter from someone, who we believe to be a patent troll. In the letter, he accused us of infringing on his trademark, which includes common word, that we're using... View More

Alan Harrison
Alan Harrison
answered on May 17, 2024

Sure, I'm interested. An email would be appropriate for more details.

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2 Answers | Asked in Intellectual Property on
Q: I need help with a complaint we received from Casetagram Limited on copyright, are they their costumers?
Alan Harrison
Alan Harrison
answered on May 10, 2024

I am an intellectual property attorney. I presently am defending a copyright claim related to internet use of photography. If you're interested in discussing your situation in more detail, please reach out.

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2 Answers | Asked in Copyright and Intellectual Property on
Q: If I draw someones character they copyrighted under US copyright act 1976, can they request a takedown legally

i'm canadian and i drew someone's original character that they have copyrighted under the united states copyright act of 1976, theyre requesting a takedown of their character. is it illegal to draw their character and post it to my telegram channel where i post all my artwork?

Alan Harrison
Alan Harrison
answered on May 9, 2024

This is a fun choice of law question. What matters is not your citizenship but rather where Telegram servers are and where Telegram is incorporated. If Telegram is a U.S. company or has servers in the United States then DMCA applies.

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