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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Business Formation, Business Law and Copyright for Washington on
Q: If I purchase nfl stickers and used them to decorate masks to sell would that be copyright infringement?

I am thinking of decorating masks with nfl stickers and then selling them on a craft website.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 20, 2021

Very likely. Consult with an attorney.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Is this patent (10699605) only for the US or Europe too? I was thinking of using a similar idea regarding messages.

I was thinking of building something similar to vestaboard, inspired by pop culture: Sending messages through a board where flaps spin around an axis and stop at the correct moment to show the character. Will I be able to sell it in Europe?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 20, 2021

Consult with an attorney for a searc.

1 Answer | Asked in Copyright for Arizona on
Q: Can i legally paint a licensed cartoon character along with his signature phrase on a fence that the public can see?

The character is owned by Warner Bros.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2021

Very likely not.

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I am using a paid language learning program to study a language and wondered if making flashcards would be infringing

I am using a paid language learning program to study a language. I want to make my own flashcards based on the words I learned. It will only be accessible to me. Would I be infringing on their copyright and databases? I know the companies compile words in categories and levels.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2021

You would need to consult with an attorney

Most likely the infringement is discovered when the copied work is put in commerce

1 Answer | Asked in Business Law and Copyright on
Q: Can i sell my own design based on an music album?

If i create a design based on a music album where I include a design of the albums tracklist aswell as putting in a small element of the albumcover into the design. Would it be legal for me to sell this design in terms of copyright laws?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 15, 2021

Not recommended.

Consult with an attorney.

1 Answer | Asked in Business Law and Intellectual Property for Arizona on
Q: Can I teach martial arts?

So I've been Practicing Taekwondo for 7 years now and had been considering teaching kick boxing on the side for some extra cash, and my Instructor had said that if I tried to teach martial arts outside of the school I could be sued because of copy right, could they possibly do that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 12, 2021

You should consult with an attorney

But as long as you are not taking content, printed or recorded, from somebody else, and as long as you are not violating any employment or NDA, you can be ok

1 Answer | Asked in Business Formation and Copyright for Illinois on
Q: I buy throw pillow covers (Amazon and Walmart) and enhance the imagery and sell them. Am I infringing on a copyright
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 12, 2021

depends

It is not clear what you intent to do, you should consult with an attorney

1 Answer | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 9, 2021

Sounds like a law school class question.

The answer is always depends.

Consult with an attorney.

2 Answers | Asked in Trademark for Pennsylvania on
Q: Can I trademark a name with slightly different spelling
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 8, 2021

It will probably be rejected and they may come back after you

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2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 6, 2021

There are some registered, such as Make America Great Again, so you would be violating his registration

You can make variations and parody though

You should consult with an attorney

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1 Answer | Asked in Copyright for Pennsylvania on
Q: Can I print logos on shirts and print it. Like a jersey. For example can I print shirt with the AmEx logo
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 4, 2021

I recommend you do not.

Consult an attorney.

1 Answer | Asked in Copyright for Florida on
Q: I registered a copyright for my book using my full name. Can I use my initials and my last name in print instead?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 4, 2021

Probably. You are probably confusing copyright with trademark.

You can use your name pretty much anyway you want

You need to consult an attorney

1 Answer | Asked in Trademark for New York on
Q: I want to relaunch an indie defunct record label. The old catalog has been sold. Can I trdemrk label name, logo & brand

I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

You need to invest in a consultation with an attorney to analyze your case and provide options.

1 Answer | Asked in Trademark for Texas on
Q: hi I'm wanting to know if there's a way I could talk to the trademark owners of the word ''Trainwreck'' if possible?

I'm wanting to use the word in a book I'm writing, and I would like there permission

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

We can identify the owners and reach out to them.

1 Answer | Asked in Trademark for Georgia on
Q: How do I trademark my business name?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

2 Answers | Asked in Trademark for New York on
Q: I understand that Nintendo left custom robo ti expire in terms of optical discs, but is the franchise trademark expired?

Is it basically up for grabs?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

You need to invest in a consultation with an attorney to analyze your case and provide options.

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Iowa on
Q: I need to know if this is breaching a Patent.

For school, I am planning a a Solar Array for the roof a vehicle such as a Pickup Truck or Van. My idea is similar to an existing patent, Patent Publication Number 20180175785, however my idea is smaller in size, by more than half, and designed for a different purpose, renewable energy generation... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Great answers here.

You need to invest in a consultation with an attorney to analyze your case and provide options.

If it is a oneoff design, your risk may be low, but you may be stepping in many people's intellectual property with your project.

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1 Answer | Asked in Trademark for California on
Q: Can I trademark a phrase that has similar words with another filed trademark? The only difference is two new letters.

My phrase has three words, the filed phrase has five words that include my phrase. Both are in the same class.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Probably, it may be risky. You need a consult to review your options and risks.

1 Answer | Asked in Copyright, Divorce and Intellectual Property for California on
Q: Is a video on a YouTube channel considered property?

During my marriage, my ex-wife shot video of our daughter, and years later I put it on a YouTube channel while we were still married but intending to divorce. Is the video, now that I've been divorced a few years, considered both of our property (as I've assumed), or her property since... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

Yes it is.

Your challenge is the valuation.

The big debate could be the current and/or future value and how to split.

You should consult with an ttorney

1 Answer | Asked in Trademark for California on
Q: How do I go about changing the address on our trademark information?
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 30, 2021

You need to consult with an attorney so we can file a petition to update address

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