I would like to reprint in a book I am writing a story story that has its first publication date November 26, 1920. The author passed away in 1923. Can I print a copy of this short story in my book without permission and therefore not be subject to any legal repercussions? Thank you.
The particular work itself is in the public domain, yes. However, it's possible that *other* works using similar characters and the like could be protected by copyright law. Though your risk of infringement is low here, your best bet is to still consult with an IP attorney to cover your bases.
The character in question is "Karnov", a character created by the now defunct video game company "Data East", the current owner of this IP is "Gmode". This company redistributes Data East's old arcade titles as digital games online.
Unfortunately this question will be answered with "it depends." If the character/IP is not being used, you may have some solid negotiating leverage in getting a good price. Please consult an IP attorney to help with this issue.
I had a question for an idea i wanted to do but not sure if it is legal? is it legal/ok to make promotional video for a product thats not mine. For example if i make an affiliate link on amazon products but would like to advertise my affiliate link with a self made video of product in a paid... View More
We all have a right of privacy, which includes our "right of publicity." However, if your image was taken while you were in a public place, and/or your image was only briefly shown, it will be much harder to assert your claim. Please consult with an IP/privacy attorney to fully assess your rights.
This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you...View More
If someone has the exact mark trademarked you run a high risk of infringement. But it’s possible you could have good counter arguments depending on a number factors. For example, knowing how LK uses this mark in commerce would be highly determinative.
I plan to sell on amazon.com, I am a new seller and I am trying to understand the process of checking if any of the competitor products to my own, have existing patents. Can you help me understand how to check for patents on specific products?
A patent attorney or patent agent can perform a "clearance search" or "freedom to operate" opinion for you. The USPTO and other international patent offices has databases for you to explore as well. The geographic scope of where you plan to sell will dictate which countries you...View More
My colleague above unfortunately has not given you an accurate answer.
Being "published for opposition" is a routine occurrence in the trademark world. This means that your application has been published in the Official Gazette; and essentially allows third parties to object to...View More
In 1985, I named my houseboat the Kahlua Kruiser and posted the name on the boat. I owned the boat for 15 years until I sold it in 2000. I am now writing memoirs about my houseboating on Lake Powell. I have used the name Kahlua Kruiser in these memoirs. Kahlua is a copyrighted name and if these... View More
This is a tough call, but you are running a risk of trademark infringement and false designation of origin violations. Trademark infringement is a highly fact-intensive analysis, so you should consult with an IP attorney before you embark on this project.
If you're planning to use movie characters, you run a high risk of copyright infringement. Characters are copyright-protected. Please consult with an experienced IP attorney before you embark on this project to fully assess your risks.
Hi, I'm considering starting my own "small guitar company" with the goal of producing around 24-36 guitars/basses per year. The guitar bodies will be of my own designs and built by me. However, I’ll need some parts such as neck, tuners, bridge, pickups, electronics and a few other... View More
My colleague above failed to account for the "first sale doctrine," which, in most circumstances, permits you to buy parts off-the-shelf and use them in new products. If you buy the products from a licensed retailer/wholesaler, you're most likely in the clear.
Trademark Infringement is a highly fact-intensive inquiry based on a number of factors including: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7) defendant's intent...View More
My colleague did not provide useful information, unfortunately.
A trademark search can and should be conducted before you begin using a brand in commerce. An experienced trademark attorney can scope a search to your relevant geographic and subject matters to advise you on the risks with...View More
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