My grandfather X had 2 sons and both are no more. Son A had 2 sons and Son B has 1 son and 2 married daughters, sons of A tried acquiring the property through court saying son B is not a son of X, and due to the inability to spend and support the cost of law suit, the 2 daughters of son B along... View More 
answered on Oct 22, 2020
This is not an IP question. Please talk with probate/trust/family lawyer.
Its music that I wish to allow the public to distribute while retaining commercial rights by licensing my work as CC BY NC 4.0. However, I would like to use a band name and a logo to promote this music while also selling physical media and merch.
answered on Oct 22, 2020
Registering your name as a trademark is not required to accomplish this goal, but it is definitely advisable! A registered TM gets you lots of additional federal protections (nationwide rights, presumptive priority, ability to sue for attorney's fees, etc). Please consult an IP attorney to see... View More
Could I potentially register the copyright and own it, despite what I signed? No copyright claim was ever filed for this book
answered on Oct 22, 2020
This is impossible to answer without seeing the contract. If the other party had an obligation to register the copyrights, then perhaps. But it's more likely you already assigned away your rights to the book. Please have an IP attorney read your contract.
So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... View More
answered on Oct 20, 2020
There is not enough information here to answer this fully, but here are some areas of potential concern:
1) The NBA's rights to the trademarks of teams and their own marks
2) The Teams' rights to their own marks
3) Copyright rights to the photos you're using... View More
I am starting an art opinion blog, writing about museums, galleries, and exhibitions. I take my own photos of the artwork in these spaces when allowed. I would like to post these pictures on my blog to add detail but am worried about the legality of posting pictures of someone else's... View More
answered on Oct 20, 2020
This will most likely fall within the exception of "fair use" in copyright law, but be sure to check to see if some of sculptures are also subject to a trademark registration (see, e.g., Space Needle, Golden Gate Bridge).
Also check the Terms of Entry with every single museum to... View More
Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.
answered on Oct 22, 2020
This is impossible to answer without comparing the two marks (as they appear to consumers). Consult an IP attorney to help you.
My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... View More
answered on Oct 20, 2020
Common law trademark rights start with your legitimate "use in commerce." I would need to compare the respective uses of the junior user and the senior user -- along with a relevant timeline-- in order to give you a full answer. But generally, you may have the ability to send a C&D... View More
I am writing a book on Native American battlefields in the Midwest. Some of my source books have statements such as “No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,... View More
answered on Oct 20, 2020
This is almost certainly fair use. Be sure to provide proper attribution.
answered on Oct 20, 2020
The mere fact the registration has expired does not mean you're free to use the mark. It can still be used in commerce by any rights-holder without the registration being current. A simple clearance search from an experienced TM attorney can help answer this question more fully, as a... View More
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
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... View More
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.
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"
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.
I can't find any record of the item being patented in Europe.
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... View More
I can't find any record of the item being patented in Europe.
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... View More
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.
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,... View More
I know it is like the Toronto Raptors slogan. Just curious if I could get into legal trouble because of it?
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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,... View More
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