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Questions Answered by John Espinosa
1 Answer | Asked in Copyright for California on
Q: I have a canvas thats 40" by 60" of a copyrighted photo. It is a un-official photo from what I can find.

It is a one of a kind reproduction of some sort that is not signed and never offered on a canvas. So it clearly is a private collectors item of a famous photo. I could care less about the photo (on a canvas) and want to just sell it off and be rid of it's huge size. I don't even know... Read more »

John Espinosa
John Espinosa answered on May 30, 2018

It all depends on the circumstances of the sale in which you received the print. If it was from the photographer or a legitimate reseller, then you may be able to re-sell it. This is because of the first sale doctrine.

Typically, the first sale doctrine will come into play in these types...
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2 Answers | Asked in Copyright and Trademark for Texas on
Q: Status 606 abandoned , Does this mean it is outdated?
John Espinosa
John Espinosa answered on May 29, 2018

It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications

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1 Answer | Asked in Copyright for Pennsylvania on
Q: My former employer is refusing to remove pictures I took that are displayed on their webpage. Is this illegal?

This is a high school website, and the pictures are from a class project I ran. I do not want that information displayed since I don't work there anymore. Thank you.

John Espinosa
John Espinosa answered on May 29, 2018

It depends on who owns the copyright to the pictute, you or your former employer. Here is a resource from the copyright office that explains works made for hire: https://www.copyright.gov/circs/circ30.pdf

1 Answer | Asked in Employment Discrimination, Employment Law and Entertainment / Sports for Maryland on
Q: Can Delaware north sports group at Camden yards take a non profit volunteer without permission of the sub contractors
John Espinosa
John Espinosa answered on May 28, 2018

This sounds like a matter of contract. Have any attorney review the applicable contracts with your subcontractors to determine if you need their pernission or not.

1 Answer | Asked in Foreclosure and Real Estate Law for Massachusetts on
Q: I bid and won foreclosed auction property. There are motions for eviction filed, can I get out of this w/out losing $?

I recently bid and won a property thru foreclosure. I have not closed on the property but was notified by the current owners, thru their attorney that there has been a motion filed for foreclosure for the current tenants. Frankly, I have no interest in pursuing this property compounded with the... Read more »

John Espinosa
John Espinosa answered on May 28, 2018

Foreclosure auctions are generally governed by this statute: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14

When you gave your deposit you would have signed a contract with the auctioneer. That contract determines the specifics. You need to start by having...
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1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: can I use part of a trade marked name in my website name?

Wellco Corp issued me a cease and desist letter for my WellCoSeniorbenefit.com website. Can they do that?

John Espinosa
John Espinosa answered on May 28, 2018

Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.

1 Answer | Asked in Consumer Law, Copyright, Business Law and Intellectual Property on
Q: Good Day I want to find out about a company named Vantera Commodities Group LLC including it's owner

1. I want to know the legitimacy and registration status of the company, weather it has all the state required or applicable licenses or permits to conduct diamond, gold or platinum business in the USA and Internationally.

2. Is there any criminal offenses links to the company and its owner

John Espinosa
John Espinosa answered on May 28, 2018

Registrations status is easy to check with the Secretary of State's office in the company's home state and every other state it does business in. Licenses and permits will also have to be checked state by state, as will criminal records. There are attorneys and companies you could hire... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: I would like to create a cryptocurrency called 'coaxium' which is a word that featured in the new Star Wars film.

Hi, I want to create a cryptocurrency called 'coaxium' which is a word that featured in the new Star Wars film. I'm not sure whether I'm allowed to use this word as it might be trademarked or copyrighted by Disney/Lucasarts/Lucasfilms. I wouldn't be making any profits from... Read more »

John Espinosa
John Espinosa answered on May 28, 2018

Even if you make no profit it is still a commercial use to create a cryptocurrency. And this is clearly trying to latch onto the popularity of the word that fearures prominently in the most recent movie. Don't do it. Either get their permission or pick a different word.

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: Hello, when do I need to renew my patent?
John Espinosa
John Espinosa answered on May 28, 2018

Here is a helpful resource: https://www.uspto.gov/patents-maintaining-patent/maintain-your-patent

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1 Answer | Asked in Copyright on
Q: Design right

Hi, I would like to start an ecommerce for the sale of T-shirts. Such t-shirts will have a "half-face" design of a Spanish actor elaborated on the computer in such a way as to make it a drawing. Now I would like to know, such use involves some infringement of image right? Yours sincerely.

John Espinosa
John Espinosa answered on May 28, 2018

Sounds like your final product would likely be a derivative work of the source photograph under copyright law. Separately from that, the "infringement of rights" you mention would be publicity or personality rights, meaning the right to control commercial use of one's own identity.... Read more »

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

Can I get compensated for them using me in a story it label me ignorant and poor.

John Espinosa
John Espinosa answered on May 28, 2018

This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation:... Read more »

1 Answer | Asked in Copyright and Trademark for Ohio on
Q: I want to sell a gift with this engraving “Davis-Besse Nuclear Power Station”. Do I need permission from the company?

A friend suggested I find out before marketing and selling the gifts to current and former workers at the power plant. Also, I am a current employee of the company that owns the nuclear plant.

John Espinosa
John Espinosa answered on May 27, 2018

Yes, you need to get permission.

1 Answer | Asked in Copyright for New York on
Q: Is it okay to use a quote for commercial use if it's on the internet but not published in anything?

The quote is "A river cuts through rock, not because of its power, but because of its persistence." -

John Espinosa
John Espinosa answered on May 27, 2018

No, not without the pernission of the copyright holder. You have the name of the author, contact them or their estate if they are deceased to get permission to use the quote commercially. Understand that a work does not have to be published to be protected by copyright; being on the internet is... Read more »

1 Answer | Asked in Copyright for New York on
Q: Is it a copyright infringement if I have a license for an image on freepik.com and I make a similar image to sell?

Freepik.om is a website for free vector images and I have a premium subscription to use the image but the image can not be use as the main theme to print and sell on things like mugs. So I want to make a similar design to sell.

John Espinosa
John Espinosa answered on May 27, 2018

Read this about derivative works: https://www.copyright.gov/circs/circ14.pdf

1 Answer | Asked in Copyright and Intellectual Property for South Carolina on
Q: If I published a book of jokes found on the Internet ...What are my liabilities? Maybe I add uniqueness to each ...?

Perhaps I could preface each (of 1000's of generic jokes) with "Dave said ..."

What if I incorporated? Could insurance help? Any other loopholes?

John Espinosa
John Espinosa answered on May 27, 2018

What you are talking about is creating a derivative work that you can then copyright. You can only do that if it is not substantially similar to the existing work. What you propose here is not enough to pass that test. Here is a helpful resource from the copyright office so you can see what I mean:... Read more »

2 Answers | Asked in Copyright and Trademark for Florida on
Q: Is it just the words that are trademarked or the fonts and the words? Can it be used in a phrase?
John Espinosa
John Espinosa answered on May 27, 2018

Here is a good resource to help you understand more about how trademarks work: http://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for New Hampshire on
Q: Can I post photos of celebrities, musicians, etc. on my own personal website if I'm deriving profit from the website?

I will be linking to ticketing websites where people can purchase tickets to the various events.

John Espinosa
John Espinosa answered on May 24, 2018

If you are using it to make money it is not a personal use but a commercial one. Don't use the photos without getting permission from the copyright holder.

1 Answer | Asked in Family Law and Real Estate Law for Massachusetts on
Q: I want to buy a house, all under my name. My kids father is moving in too. If we breakup, he cant take my house,right?
John Espinosa
John Espinosa answered on May 22, 2018

Don't marry him (because then the house would be part of the marital estate), and he should pay you rent as a month to month tenant. If you break up just evict him.

1 Answer | Asked in Contracts and Landlord - Tenant for Massachusetts on
Q: Help with Massachusetts child suport law/ tenant landlord law (see more information)

Hello, im an 18 year old High school senior who will be graduating in 2019. I was wondering the law(s) regarding my step father kicking me out of the house as I am still a student. My mother lives in this home as well, however, she is against this decision, but to make things less stressful I have... Read more »

John Espinosa
John Espinosa answered on May 22, 2018

Here is a helpful resource about illegal evictions: https://www.masslegalhelp.org/when-is-eviction-illegal

1 Answer | Asked in Estate Planning for Massachusetts on
Q: I have a vacation house in Florida. To put it in a trust would I do so under Florida law or Massachussetts?
John Espinosa
John Espinosa answered on May 22, 2018

There may be good reasons to do one over the other depending on the circumstances and your needs.

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