Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Timothy John Billick
2 Answers | Asked in Trademark on
Q: I'm developing an App which I'd like to name Uber Dates or UberDate. Are these names legally available?
Timothy John Billick
Timothy John Billick answered on Oct 13, 2020

The risk of infringement here from Uber is very high.

View More Answers

1 Answer | Asked in Copyright and Gaming on
Q: Hello! If the name of something consists of 3 quite specific words, am I allowed to use one of them separately?

The question is about online card game. I am considering making my own, but interested in using one quite specific word from another card game which is one from multiple words in original card game so my thought was that the phrase might be copyrighted as a whole and not each word separately

Timothy John Billick
Timothy John Billick answered on Oct 12, 2020

You are blending copyright and trademark issues here. Trademark law protects phrases, symbols, and "non-traditional" (e.g. smell, auditory) indicators of a source of goods. Copyright law protects tangible "expressions" of creative works.

A word by itself that is not...
Read more »

3 Answers | Asked in Trademark for California on
Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it
Timothy John Billick
Timothy John Billick answered on Oct 12, 2020

This is solid evidence that it is abandoned. But that does not mean you are free to use it. A trademark search should still be conducted.

View More Answers

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark on
Q: Good afternoon. I have a new website which only airbnb hosts/owners can join.

Good afternoon. I have a new website which only airbnb hosts/owners can join. Am I legally allowed to say that on my website? In other words can I mention something like " Welcome to.... Remember - If you are not an Airbnb host, you cannot join"

Timothy John Billick
Timothy John Billick answered on Oct 11, 2020

Yes. Just do not create a false association between yourself and any company's trademarks you may be using for descriptive purposes only.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: If the item has a patent in the USA, can I redesign and sell it Europe?

I can't find any record of the item being patented in Europe.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

U.S. Patent rights only extend within the U.S. boundaries. But in some limited circumstances, foreign sales of a US-patented product *can* be subject to a claim for damages if they have a substantial impact on U.S. commerce. So if your product will have little-to-no impact on U.S. commerce, your... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: If the item has a patent in the USA, can I redesign and sell it Europe?

I can't find any record of the item being patented in Europe.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

U.S. Patent rights only extend within the U.S. boundaries. But in some limited circumstances, foreign sales of a US-patented product *can* be subject to a claim for damages if they have a substantial impact on U.S. commerce. So if your product will have little-to-no impact on U.S. commerce, your... Read more »

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and possible fraud. Sorority registered in Georgia. The Sorority name is trademarked. How can we continue use the name and register the sorority in Florida with a different EIN.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.

Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,...
Read more »

1 Answer | Asked in Copyright on
Q: Am I commiting copyright infringement if I name my website development agency: We The North Creative?

I know it is like the Toronto Raptors slogan. Just curious if I could get into legal trouble because of it?

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

Your risk of infringement here is moderate to high. Generally speaking, sports franchises are pretty aggressive with asserting trademarks and copyrights even towards businesses other seemingly unrelated industries. Before a more fulsome opinion can be given here, I'd need to see exactly how... Read more »

1 Answer | Asked in Copyright for Rhode Island on
Q: Can a foreign rights holder issue a worldwide takedown on content they don’t own in the majority of the world?

Sony Pictures Network India issued a series of YouTube copyright strikes on my YouTube channel, leading to the channel being terminated. My videos contain plenty of NBA content, meaning that I do not own the rights to any of it, and Sony owns NBA broadcasting rights in India (and India only). Yet... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

If you are not abiding by YouTube's TOU then they have the ability to shut you down. Also, I'm not sure whether you're correct in Sony's ownership of the NBA IP in the USA. It's possible they own other types of non-broadcasting rights in the NBA IP in the USA that would... Read more »

1 Answer | Asked in Copyright on
Q: Copyright of Quotes

I plan to create my own quotes page.

Here are a few examples:

keepInspiring.me

brainyquote.com

wow4u.com

azquotes.com

...

These pages also used quotes from famous people or book authors who are still alive or who have not long died.

My... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

Copyright infringement is a very fact-intensive analysis and, here, should be done on a "quote by quote" basis. It is also possible that some of these quotes can be protected by trademark law if they are used in connection with a product/service/brand. An experienced IP attorney would be... Read more »

2 Answers | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.

Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,...
Read more »

View More Answers

2 Answers | Asked in Trademark on
Q: If an item is not mentioned in a trademark ie light up pub sign then does that mean I can use that trademark?

I want to make a limited 100 piece run for Christmas sales of Leicester City Football Club Logo light up signs. Lots of other products mentioned in trademark but not light up signs.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

It would depend on how the senior user is using the mark in question. A primary factor in a trademark likelihood of confusion analysis is "relatedness of the goods." There is not enough information in the above hypothetical to provide you with a definitive answer. Please consult a... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I call a site FaultFire when MOBAFIRE exists?

There is a website called MOBAFIRE that is a community guide website for League of Legends. I want to want a similar site for a game called FAULT. Is using the name FAULTFIRE okay?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

You need to avoid all potential areas of "likelihood of confusion" in trademark law. This is a highly fact-intensive inquiry based on a number of factors. Different federal jurisdictions have slightly different tests for likelihood of confusion. For example, the Ninth Circuit Court of... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Intellectual Property and Securities Law for Virginia on
Q: Is it illegal to destroy and tamper with surveillance
Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

Most likely yes. It would depend largely on the purpose for such destruction/tampering.

1 Answer | Asked in Intellectual Property for Colorado on
Q: My patent for an electromagnetic motor just got granted. how do I get into contact with Tesla?
Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

Ideally use a personal contact, or find one. If none exist, you will have a hard time getting its attention. However, there is some precedent for Elon Musk taking notice of people who reach out to the company directly via Twitter. If you're lucky you might get someone's attention.... Read more »

1 Answer | Asked in Copyright for Massachusetts on
Q: A blogger took pictures from my private Facebook page and used them to write an offensive blog post. Is this legal?

Are there any copyright violations? I believe that someone I am friends with on Facebook, took a screenshot of my private pictures and shared them via email with this blogger? Is it worth retaining a lawyer?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

This will largely hinge on (1) Facebook's Terms of Use ("TOU"); (2) Your privacy settings on this particular photo; and (3) the manner in which you chose to have this photo shared. Generally your right to privacy only extends to where a person "has a reasonable expectancy"... Read more »

3 Answers | Asked in Trademark for Florida on
Q: Hello I have a question about HOLLYWOOD WALK OF FAME - Trademark Details.

So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

I'm a little unclear as to what you're intending to do ...

If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,...
Read more »

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: a German attorney is threating to take us to court unless we sign Declaration of Cease and Desist

He sent an email threating to take us to court under the German Law if we didn't sign this by

9/30/2020- The person named below as respondent

1Zumba address (respondent) hereby undertakes in respect of

Anthony Ayiomamitis, Oropos (www.perseus.gr) (complainant)... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

He would have to demonstrate that he could get jurisdiction over you in a German or EU court. I have no idea what actions he is accusing from this above description, but it seems unlikely he would be able to accomplish this feat. You should consult with a copyright lawyer with DMCA experience as to... Read more »

2 Answers | Asked in Copyright for New York on
Q: Can you use celebrities as models for photoshopped works?

One of my hobbies is photo editing, and sometimes my ideas involve people. My question is, could I edit/photoshop images of a celebrity I like and post them, or would I need direct permission from them? It would be posted on a social media site, like Instagram, and wouldn’t be sold commercially.... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

An exception to the right of publicity protection exists when you're discussing a "newsworthy" matter. So it depends on how you're using the photos.

View More Answers

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: Can i take an abandoned trademarj
Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.