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I've been tasked with drafting the non-compete agreement for our company. We are a manufacturing business that has a close marriage to another business that acts as our storefront for our product. Is it within enforceable legal bounds to... View More 
answered on Mar 30, 2017
You may, but you should pay close attention to the scope and term of any restrictive covenant. You will also want to address other issues, such as, use of your trademark, copyright and other property. You should consult with a qualified business lawyer for advice.
In a video advertisement for a home services company, which was shot in an actual customer's home, household products are seen in the background and in use, with labels visible. These are shown for less than 2 seconds. Should these labels be redacted and/or does the owner of the marks of those... View More
answered on Mar 10, 2017
You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive... View More
I wrote a comedy script years ago and registered it through the Writers Guild of America. It took some time to raise funds to shoot the pilot and by the time we did, another production put their concept with the same title online before we could. Did I lose out on using the title? I have a finished... View More
answered on Mar 5, 2017
You can use the title, provided that there are no prohibitions under unfair competition and trademark law, and both you and the owner of the other title are not members of the Motion Picture Association of America.
This audio round would be sold along with a trivia packet of questions and answers, forms, etc, not just on its own. Only a few seconds of each song would be used (with the idea that players guess the song, artist, film, etc.)
answered on Feb 23, 2017
In general, the unauthorized copying and sale of copyrighted songs is illegal, even if small portions of the works are used. You may need to obtain a license from the music publisher(s), or a compulsory mechanical license(s) through a licensing provider, such as, the Harry Fox Agency. You should... View More
answered on Feb 17, 2017
Usually about the time you are set to begin any serious discussions and/or exchange of information, and definitely prior to conducting due diligence.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice.... View More
as a band both audio and video and put them in the public domain. the songwriter has now left the band and says we cant use them do we still have a right to use them as long as we give him the credit as song writer. we are not making any money off of them.
answered on Feb 16, 2017
You can use the songs by obtaining a compulsory license. Once phonorecords of a musical work have been publicly distributed in the United States with the copyright owner’s consent, anyone else may, under certain circumstances and subject to limited conditions, obtain a “compulsory license” to... View More
My trademark is Gurlie Locks. I am branching out to other items and was hoping to be able to brand them as Gurlie Locks since I own the name. Thanks!
answered on Feb 16, 2017
You may start using your trademark for the new services, provided that no one else is using the mark in your geographic area for similar services. You may then file a new application to add a new class of goods and services. You would also pay an additional application fee.
The materials... View More
I'm making a video game that uses newspapers to drive some story elements. I would like to call the paper the New York Tribune, which from what I can tell was a very popular paper in the 1800s but was sold/rebranded to New York Herald Tribune in 1924. Link to wikipedia below:... View More
answered on Feb 13, 2017
You should contact an IP attorney for legal advice and conduct a comprehensive trademark search.
answered on Feb 9, 2017
Trademark rights in the United States are obtained through actual use of a mark in commerce, i.e., being the first to use the mark on or in connection with specific goods and/or services in the marketplace. No formal registration is required to acquire trademark rights.
The materials... View More
There is an unregistered band with the same name as I want "Ugly Sweater Party"
answered on Feb 8, 2017
You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in... View More
The word "HypeFit" is taken as a standard charter mark, but I want to trademark the word but spelled as in "hypefit" instead. Is this possible?
answered on Feb 6, 2017
Your application to register your mark may be rejected on the ground that it is confusingly similar to another registered trademark.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should... View More
hi im scriptwriter from egypt and im chatting with american script agency and they asked me about a brief to my script ,what im asking for can i send them the brief without registration of copyright and is my chatting and email to them is enough evidence that the script is mine and can i rise a... View More
answered on Jan 30, 2017
You should register the copyright in your script before submitting it to third parties. You may register your script at the following link: https://www.copyright.gov/registration/
You can bring a claim in the US courts against another party in the US. You will need to hire a US copyright... View More
for example the trademark is first and last name and I want to leave only last name for the trademark ( use in commerce)
answered on Jan 28, 2017
You will file a new trademark application for the new name as used in commerce.
I am trying to merge my NJ based corporation with my NY based
answered on Jan 27, 2017
What you are probably looking for is a Certificate of merger (or consolidation). You should contact a business attorney for assistance.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should... View More
answered on Jan 27, 2017
There are tax considerations involved. These vary depending on the whether the transaction is a merger or acquisition, asset sale or stock sale, and the types of entities involved. You should speak with a qualified M&A attorney and an accountant or tax attorney for tax advice.
The... View More
answered on Jan 26, 2017
Refusing to pay a judgment debt from another country is not an act you should take lightly, and that decision should be made in consultation with an attorney. If you do not have any assets, employees, or other interests in and do not plan to travel to the country from which the defamation judgment... View More
Hi, i am about to launch an app which will use users location, and some personal information gathered from the user's facebook account. My questions is do i need any legal documents to protect myself from privacy violations, and also if something happens to the user while using the app.
answered on Jan 26, 2017
You should clearly disclose what information you are collecting, how it will be used, dispute resolution and any disclaimers in a privacy policy and terms of use statement.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or... View More
answered on Jan 25, 2017
You can use it in an original composition, so long as you have permission from the copyright owner of the film or the soundtrack.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not... View More
Hello, here you can see original item and my item: http://goo.gl/9t0jKP
I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.
They said if I believe I didn't infringe on any copyrights I... View More
answered on Jan 24, 2017
You should get in touch with an IP attorney for legal assistance.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it... View More
One of the three partners was responsible for securing operating funds and was the former tenant of the acreage involved. He applied for and was approved for an FSA microloan prior the formation of the LLC. He invested part of the FSA sourced funds back into the LLC farm but at a reduced stake in... View More
answered on Jan 23, 2017
You should speak with a qualified business lawyer regarding the facts of your particular matter. The LLC can become liable for repayment of the loan if it adopted the loan agreement entered into by by the three partners. If an asset that was used to secure the loan subsequently was assigned to the... View More
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