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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
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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

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

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

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

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

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: copyright infringement / examiner oversight

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

Emmanuel Coffy
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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...
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1 Answer | Asked in Products Liability, Copyright and Trademark for New Jersey on
Q: Is it legal to sell a product that has already been made? Even though I’d be making it myself but changing the name

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

Emmanuel Coffy
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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...
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1 Answer | Asked in Copyright for New Jersey on
Q: I am seeking per to mission to use a statement on a Vera Neumann table runner to have the image printed on a single

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...
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1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: Is using a word from a another company as my brand considered copyright

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

Emmanuel Coffy
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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

2 Answers | Asked in Copyright and Constitutional Law for New Jersey on
Q: The other day I was filmed without consent in a Laughing situation Not a serious money and I want to know if I can sue
Emmanuel Coffy
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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.

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3 Answers | Asked in Copyright and Patents (Intellectual Property) for New Jersey on
Q: Where can I get a patent attorney?

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?

Emmanuel Coffy
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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.

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1 Answer | Asked in Trademark for New Jersey on
Q: I need help from a trademark attorney

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

Emmanuel Coffy
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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

3 Answers | Asked in Business Formation and Business Law for New Jersey on
Q: Are we a true subsidiary? If not could we break away?

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

Emmanuel Coffy
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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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1 Answer | Asked in Intellectual Property for New Jersey on
Q: What does it mean when a trademark is abandoned? Like The Golden Girls here: https://trademarks.justia.com/784/12/golde

We are curious as to why the trademark of the golden girls shows as abandoned. Is it still legally owned by Disney?

Emmanuel Coffy
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answered on May 10, 2016

When a trademark is abandoned, the trademark owner may no longer claims rights to the trademark. In effect, the trademark reverts to the public domain and as a result is available to new users. Once a trademark is abandoned, no "good will" remains in the mark. As such, claim of residual... View More

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