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During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More 
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answered on Mar 26, 2025
Patents created during the marriage—whether individually or as part of a shared business—are typically considered community property and subject to division upon divorce, even if not disclosed initially. Because these patents and associated revenues were undisclosed during your 2017 divorce... View More
I am planning to start a dropshipping business using Shopify, but I have no prior experience. I specifically need guidance on handling intellectual property rights and trademarks, as well as ensuring compliance with privacy laws and data protection standards in my online store operations. What... View More
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answered on Mar 9, 2025
Starting a dropshipping business on Shopify requires careful attention to intellectual property (IP) rights and privacy compliance to avoid legal issues. Here’s what you need to consider:
Intellectual Property (IP) Rights & Trademarks
Avoid Selling Counterfeit Goods – Ensure... View More
I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More
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answered on Mar 7, 2025
You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More
I need legal help regarding a trainer who is writing a book falsely claiming personal experiences involving my son, James Edwards, using his full name and personal information without permission. The narrative is misleading, inaccurate, and hearsay, as the trainer was not involved in my son's... View More
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answered on Mar 5, 2025
You may have legal grounds to prevent the unauthorized use of your son's name and personal information in the book. Potential legal actions include:
Cease and Desist Letter – Have an Attorney send a formal demand to stop using your son's name and personal details.... View More
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More
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answered on Mar 3, 2025
You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More
I purchased a pixel art pack, and the license requires crediting the original artist while forbidding redistribution and resale of the assets, even if modified. I've created 3D voxel models based on these 2D sprites—transforming them from flat images into 3D objects, like boulders and walls... View More
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answered on Feb 24, 2025
Yes, the restriction on redistribution likely applies to your 3D voxel models because they are derivative works of the original 2D assets. Here’s a breakdown of the key legal considerations:
1. Understanding Derivative Works.
A derivative work is a creation that is based on or... View More
I would like to trademark my personal name, which I use for my doula services and products. I operate with a specific logo that incorporates my name. The services and products are provided in both local and potentially nationwide markets. How can I proceed with trademarking my name?
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answered on Feb 20, 2025
Trademarking your personal name for doula services involves showing that your name functions as a brand identifier rather than just a personal identifier. By conducting a proper search, filing in the correct class with the correct basis, and preparing to demonstrate secondary meaning if necessary,... View More
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answered on Mar 5, 2024
Yes, creating a parody of the "Oompa Loompa" song from "Willy Wonka & the Chocolate Factory" may not require licensing under U.S. copyright law, thanks to the doctrine of fair use. Fair use allows for the use of copyrighted material without permission from the copyright... View More
I intend to seek a copyright for my work before moving forward.
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answered on Feb 26, 2024
Protecting your work as a lyricist is crucial to ensuring you retain control over your creations and are compensated appropriately for its use. While ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are performance rights organizations (PROs) that... View More
I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More
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answered on Feb 18, 2024
Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case,... View More
I have a new design for an Advanced SOS Beacon light and am interested in securing intellectual property rights. Three months ago, I checked for existing patents and found none similar to mine. However, I recently rechecked and discovered a patent claiming to have existed since 2010. How is this... View More
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answered on Apr 20, 2025
The patent you discovered from 2010 might have been issued earlier but not initially indexed properly, making it less visible during your initial search.
To protect your new SOS beacon design, consider the following steps:
1. Evaluate Patentability:
Determine if your design... View More
I have developed a dating app with features similar to Tinder, Bumble, and Hinge, including a swipe and match function. My preliminary patent research identified several patents that might be relevant, such as patent numbers 9733811, D755814, D779540, D780775, D781311, D781334, D781882, D791809,... View More
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answered on Feb 24, 2025
Avoiding patent infringement for your dating app in Texas (or anywhere) involves a structured approach, including legal due diligence and strategic feature development. Here’s a roadmap:
1. Conduct a Comprehensive Patent Analysis
Given you’ve identified potentially relevant... View More
I’d like to start my own business selling dog bandanas with a scrunchie back rather than a knot, which I saw the idea from company Hunnypotpup. I also wanted to make matching scrunchies with it, which that idea comes from the Foggy dog. I believe they are both trademarked. Is it legal to use both... View More
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answered on Aug 28, 2023
Here are some general points to consider based on your description:
Trademark vs. Copyright vs. Patent:
Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.
Copyright protects... View More
single piece of fabric. I use Vera housewares to make art quilts.
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answered on Aug 25, 2023
If you're seeking to use a copyrighted design from a Vera Neumann table runner in your art quilts, there are several aspects you'll need to consider. Here's a comprehensive response and guideline on how to proceed:
Copyright Considerations:
Vera Neumann's designs... View More
I am sued for copyright infringement.
I requested, paid for, and received the original registration documents, the deposits, and the correspondence from the congress library about the specific copyright. It looks like the examiner made a mistake and oversight on his part (18 years ago),... View More
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answered on Aug 22, 2023
Based on your description, you seem to be suggesting that there was a potential error made by the Copyright Office in registering a work that was previously indicated to be ineligible for copyright. Here are some general points to consider:
Validity of the Copyright: Copyright registrations... View More
There is a skincare and tech company that use the word MERAKI and I’m planning to use the same word for my clothing brand. Is that considered copyright. I have a different logo though
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answered on Jul 3, 2022
First, your issue falls under trademark rather than copyright. Second, why do you want to use a word associated with an existing company? You may be able to obtain a mark due to your logo, but it is not the best approach. You should strive to come-up with a unique name for your company and/or... View More
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answered on Aug 18, 2020
It always comes back to what are the damages. I agree with my colleague it may not worth the trouble. Good luck.
I have students working on my product for their capstone project. It does not have copywriters yet. Do I need an attorney? Where can I find an affordable one in Cherry Hill NJ?
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answered on May 22, 2020
We are located in Freehold not too far from Cherry Hill. We can help with your IP matter.
Under Trademark registration numbers - 0627275 and 063059 does Kittritch brand have ownership of the word Contact? or just the word (their brand) Con-tact? Kittrich sells contact paper under the brand name Con-tact. I purchase and sell contact paper under a different name. Now Kittrich is using... View More
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answered on Dec 24, 2018
I could not get access to the USPTO files with the registration numbers you provided. be that as it may, your mark namely, contact is confusingly similar to con-tact. If you are in the same market space then there definitely is an issue. You should contact a trademark attorney to review the matter... View More
Our Japanese parent company, started this subsidiary back in the 80's. We purchase their products from them, pay them in full, and don't share the revenue from the deals that are made. That is the extent of the relationship. What really makes me question if we are a legitimate subsidiary... View More
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answered on Jul 21, 2018
I agree with my colleagues that your issue being fact specific requires extensive document review to make a determination. For example, the entity may be a subsidiary, an affiliate or an associate. Accordingly, you should consult a lawyer to help you determine the status of your entity. Good luck.
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