Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
Read more »

1 Answer | Asked in Copyright for New York on
Q: I got a software copyright infringement notice for a company that i am not a member of any more, what should i do?

I got a letter to my personal address from a company i dont know of for a software copyright infringement claim (a software i do not use to know of), with a quote attached. It was for a company i used to be a partner of 2 years ago but no longer am and have no part of their affiars. What would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try talking to them and explaining the situation.

Maybe a mistake.

If it is not a valid invoice you can tell them that. And if they keep harassing you you can try to get legal counsel or use your state attorney general.

marcos.e.garciaacosta@gmail.com...
Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: patent for EEUU market an accessory element set for competition guns. How much cost including lawyer fees?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

For filing and prosecuting a utility patent you should budget at least around $10,000.

It may be higher if the filing is in an international market.

Consult an attorney to understand better your best approach.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Copyright and Internet Law for Virginia on
Q: There is a website using my pictures without permission. What are my options?

I was asked by the founder of a dog rescue to maintain her website. In two years of maintaining that website, I had also taken pictures of the dogs and volunteers at the rescue. Since I was maintaining the website I posted those pictures on the website. The founder all of a sudden, with no... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try asking her formally to remove the pictures as they are your property.

Your legal option is possible to sue. Expensive though.

You can recover damages caused by him using the pictures without your approval, but you have to prove that.

You can copyright the photos...
Read more »

1 Answer | Asked in Copyright, Business Law and Trademark on
Q: My company offers services similar to that of, a federally trademarked name of another company. Must I change names?

My company offers services similar to that of, a federally protected trademarked name. Both "Aftermath"(trademarked) and "Aftershock"(my company) begin with the same word, have two syllables, and leave the same commercial impression. Because of this, Aftermath is telling us we need to change our... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

Tough spot.

It will depend on your ability to defend yourself.

And whether they are serious in coming after you. It will take them a lot in attorney fees to do that.

The easiest and simplest way to deal with this is to change your name.

1 Answer | Asked in Intellectual Property on
Q: Hello Team, I filed 2 disclosures for Johnson controls india. I left company a year back. How Can I track my patents
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 2, 2019

Try Public Pair,

https://portal.uspto.gov/pair/PublicPair

hopefully you will find the status there

2 Answers | Asked in Trademark for California on
Q: When should you get your brand and or logo trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 1, 2019

At the beginning. As soon as you realize you are in a business not a hobby.

Ideally at the moment you come up with the name of your company or you start your social media, on line strategy so you can align the brands with the URLs and social media handles.

And it is important to...
Read more »

View More Answers

2 Answers | Asked in Copyright for California on
Q: I’m looking to copyright a brand. I searched and there is currently a copyright for the same name already.

However, they are a bar/food copyright. I’m looking for a catering/clothing brand. How would this work?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 1, 2019

Good answer in here from Jason.

Depending on how different the uses are there may be cases where the brands can co-exist.

Contact and attorney to see your case in more detail and give you an assessment of your risks.

Marcos.e.garciaacosta@gmail.com

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: If a trademark is listed as "Abandoned" (status - 606), does that mean someone else can use it?

If so, how does one go about doing it legally?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

Brilliant observation

YES but not so fast

Just because it is abandoned in the USPTO system does not mean it is not in use

There may be some rights left for the owners

Consult with an attorney before you do anything

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Who owns this trademark? Urban genius ??

I also have an LLC by the name of urban genius LLC registered one 3 states

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

As far as trademark use is concerned, the name of the company may not have an effect on it.

Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.

Registration gives presumption of ownership, but it is rebuttable.

1 Answer | Asked in Trademark for Pennsylvania on
Q: I have some questions about trademark and copyright laws about BTS South Korean band of Big Hit Entertainment.

It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.

Does that mean I can use the word BTS if it’s in colors.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

No

on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.

Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)

Consult with an...
Read more »

2 Answers | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: A recording studio is refusing to release my music files to me even though all debts are paid in full. What can I do?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

Did you have a contract? did you release your rights?

what were the conditions with the studio?

were they charging you to make the recording? and the files are yous?

or some other agreement?

I recommend you make an appointment for a legal consultation to understand...
Read more »

View More Answers

1 Answer | Asked in Trademark on
Q: If I create a handmade craft and sell it that looks like a Minions movie character, does that violate trademark law?

the item is generally made of yarn and is in doll form.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 28, 2019

yes

it can violate a number of protections the owners may have on it, such as copyrights, patents and such.

I strongly recommend stay away from doing that.

1 Answer | Asked in Copyright, Gaming and Trademark on
Q: Can I create a game on Google Play called Spatial Temple Run? Will it infringe Temple Run trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 26, 2019

I would strongly recommend to be cautious.

You should do a search and analysis of the existing trademarks and potential risks.

Make an appointment, get a consultation before you spend money and potentially get in trouble.

1 Answer | Asked in Copyright for Arkansas on
Q: Is it legal for me to copy or nearly copy a website's functionality and folder structure if design, code, layout is mine
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2019

it will depend if there are elements that can be protected by other filings or registrations like patents and such.

If the website is so unique that you are asking yourself these questions,there may be something to be worried about.

You should call for a consultation to review the...
Read more »

2 Answers | Asked in Trademark for California on
Q: Can I still trademark a name that is already live if the goods and services I offer are different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2019

It will depend, but it happens all the time

Think of Delta. Delta airlines, delta faucets, delta power supplies.

Make an appointment for further discussion.

Check my blogs at www.legalbizglobal.com

View More Answers

2 Answers | Asked in Contracts and Intellectual Property for California on
Q: Do signed agreements giving ownership of a music video allow to use audio (recorded for and during production)?

signed agreement:  singer ".... authorizes others to use my name, voice and likeness in connection with the production [...] Producer..” (me) “...is the sole owner of all rights in and to the picture and all elements thereof, including photography and recordings of my voice and likeness. [...]... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 26, 2019

You need to analyze the whole agreement, and also look at the intention at the time of signing. All other collateral elements that were involved in the negotiation if any. Whether you are successful or not will depend on the strength of your contract and the willingness of the other party to... Read more »

View More Answers

1 Answer | Asked in Trademark for New York on
Q: 606 - Abandoned - No Statement Of Use Filed. what does this mean ?

606 - Abandoned - No Statement Of Use Filed

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

It means that the application was approved, and the applicant had to submit proof of use. A picture of the product or service using the mark. Because of that the application was abandoned, it is dead.

If it was you, you have to start from zero. Contact me if you need help.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I get sued for writing a non-fiction book about a tv show without the show's permission?

I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.

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.