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Questions Answered by Dr. Jamie Cuticchia
1 Answer | Asked in Landlord - Tenant for Kansas on
Q: Can a landlord renew a lease without guarntors consent?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Aug 2, 2017

Given the question as posted, this is not an IP issue.

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: I have a coaster that has a saying on it. I've used it in a photograph I took at my home. May I use this photo?

May I use this photo on Instagram as a casual photo though it has my business logo subtlety placed?

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Aug 2, 2017

The relevant terms of use of Instagram:

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the...
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1 Answer | Asked in Employment Law and Criminal Law for North Carolina on
Q: Can an employer accuse you of theftpurely based by video

I was stopped on my way out the store today when asked to show what i had in my bag and if i had a receipt i said no. They took the item from me and ws told i would be investigated

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Jul 27, 2017

What an employer can do with respect to "investigate" is highly factual specific with respect to laws, company policies, etc.

In this situation, I am going to hit what I think is going to be the central focus of where this is going. Job security. NC is an incredibly pro-employer state....
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1 Answer | Asked in Intellectual Property and Trademark for Ohio on
Q: How can someone trademark fairy dust?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Jul 26, 2017

A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.

In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would...
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2 Answers | Asked in Intellectual Property for Georgia on
Q: Can I patent a baby booster seat?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Jul 26, 2017

It falls within the regulations of what can and cannot be patented. So yes, baby booster can be patented.

You could apply for the DESIGN (ornamental appearance) of your seat as well as a Utility Patent for the seat itself. Filing a patent can be very expensive. I would strongly advise...
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2 Answers | Asked in Employment Law for North Carolina on
Q: Is it legal in NC for an employer to not pay you time in a half but instead give you straight hourly pay ?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on May 6, 2017

Generally no. But this is very specific to the job you have in terms of its classification. This is the link which discusses NC law on this issue.

http://www.nclabor.com/wh/fact%20sheets/overtimepay.htm

My advice would be to talk to an employment attorney about your exact...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: I have a trademark for the same name and same class but different goods

I have a trademark for the same name and same class but different goods, the trademark is named "RapidEffects" it's for teeth whitening kits, and teeth whitening gel. The current registered trademark is for "Rapid Effects" it's for Conditioners; Hair care preparations; Hair color; Hair shampoo;... Read more »

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on May 5, 2017

In examining a Trademark, the USPTO determines whether the use of the mark to identify your goods would confuse the public that they are made by the same company which has the same mark.

The Class, as you noticed can be very broad. However, in applying for a trademark you will describe...
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1 Answer | Asked in Intellectual Property on
Q: What programming language should software copyrights be in?

Can they be in any language, such as Java?

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Apr 23, 2017

Yes.

THIS IS FOR EDUCATIONAL PURPOSES ONLY

Q: Is my idea for a fact compilation database protectable by patent, copyright or neither?

I want to create a fact compilation database that would be used by businesses of a specific industry.

Multiple businesses would import and upload their customer data that would be stored in cloud storage, most likely. The result would be that businesses of the same type within the industry... Read more »

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Apr 22, 2017

Copyright law used to require that the person seeking copyright for compilations must do more than compiling data. This was the "sweat of the brow" doctrine.

That has changed, however. A compilation of data can be copyrighted, but is must only contain the "facts." Even so little as...
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1 Answer | Asked in Employment Law for North Carolina on
Q: A prospective employer wants me to sign a non-compete contract for 2 years 350mile radius after I leave the company.

This is a commission based sales job in in musical instrument retail sales company similar to Guitar Center and Sweetwater. It is 90% on-line and 10% local business. According to the terms, I would not be allowed to work at a local competitor for 2 years and an online competitor for 1year. I am... Read more »

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Apr 20, 2017

The Courts analyze a covenant-not-to-compete with respect to reasonableness. They will take into account both the length and geographic breadth of the covenant. However, you do a right to make a living.

The two year length may be a bit long given the situation proposed. But it is not out...
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1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Who has copyright ownership of written work posted on a blog when it is a site that involved multiple people?

I live in NC, the website is maintained in FL. A falling out led to removal of work. I want to ensure copyright to my own writing and prevent further use of it on the site in the future, but do not know if I have ownership of copyright due to the nature of the "publishing"/posting on the internet... Read more »

Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Apr 20, 2017

Works are copyrighted to producer of the work. So in this case, the removed work is still under your copyright. However, one has to look for two issues which might have transferred the copyright. If you perform a "work-for-hire" for a company, another person, etc. then although you have the... Read more »

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