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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Business Law and Copyright for Maryland on
Q: If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue?

If I wanted to publish a book and sell it with pictures of memes from the internet is there a copyright issue? I looked online and saw a lot of different opinions.

My first thought is always “what are the copyright implications”? These memes do not have signatures and I have no... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

That is a very interesting question. It is very likely a minefield.

You need to consult with an attorney for guidance and strategies to mitigate (can never bring to zero) your risk.

Also consult with an insurance agency specializing in copyright coverage. They can make an assessment...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: How to counter trademark infringement reports from react.org?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

You need to consult with an attorney to understand the gravity of the reports.

You need to monitor your brand for infringement by others as well as for potential infractions you may be committing.

Protection and compliance is an area where all brand owners should invest.

2 Answers | Asked in Intellectual Property, International Law and Trademark for Florida on
Q: Is an international registered trademark in the USA enough to stop a trademark infringement outside the USA?

The trademark is filled in the USA as an international trademark. I want to know if that is enough to stop someone using words from my trademark on their website outside the USA.

My trademark is made up with 3 words and a symbol, I have a disclaimer for the 3 words. However I have noticed... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

You definitely need to consult an attorney.

There are no international registrations. You MUST register your trademark in each country or jurisdiction where you desire protection. In addition you must show use there.

In this case is very valid for somebody to use your exact...
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3 Answers | Asked in Intellectual Property and Trademark on
Q: The one word title for my intended novel is the same as a published U.S. 4 book series. Could I be infringing trademark?

A few points:

• The series is completely different regards genre/style/look.

• I couldn't find the trademark registered on TESS or it’s UK equivalent (I’m British).

• The series doesn't appear to be well-known. The last book in the series was published... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

I agree with the comments of my colleagues.

Very likely you have an overlap between copyright and trademark.

It is possible and happens a lot where books or movies share the same title, although they come from different sources and the contents are different.

Consult with an...
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3 Answers | Asked in Entertainment / Sports, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a LLC for 'clothing'. Do I need an additional LLC to trademark the same name for 'Entertainment' purposes?

Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

In most states an LLC can engage in any legal activity, so you can have it involved in many business ventures.

Whether that makes sense from a regulatory, financial and fiscal point of view is a different story.

As indicated you or any entity can own any trademark for any purpose....
Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Is the name Sherlock trademarked?

I am a 17 year old artist based in UAE and I just recently started getting into the market. My entire social media structure has been built around the username 'almostsherlock' and my insignia includes an 'SH' along with my internet alias below it; Elias. I did this because my... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 27, 2020

Very likely somebody is already using it.

Consult with an attorney for a thorough search.

It will depend a lot the context of your use, the products or services were you plan to use it.

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1 Answer | Asked in Trademark on
Q: I have a Band Of Brothers trademark for bracelets and wondering if its worth anything

I am selling the business with the trademark and wanted to know if the trademark has any more value?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2020

Is it registered in the federal register?

There are some ways to value a brand, and many times it is connected to what the product or services is.

One way is to look at the revenue or profit it brings.

No revenue, no profits, no value.

The other is to calculate the...
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3 Answers | Asked in Trademark for California on
Q: Hi. I would like to use the name feasty? Am I allowed to use it?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2020

Check with an attorney.

It will depend on how the name relates to the product or service, and if somebody has already got the registration.

Because of the simplicity and commonality of the name, expect that it is already taken.

Best luck!

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3 Answers | Asked in Trademark on
Q: If I register a trademark with a similar name and similar goods and services will it get rejected?

Hello, I have a domain name and want to register a trademark for this name.

Looking through the US trademark search system, I see a live trademark with a name which could be considered word play on my name.

The goods and services is listed as:

IC 009. US 021 023 026 036... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 24, 2020

Consult with an attorney. Looks like you would be very close to infringing on somebody else marks.

Best luck!

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2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I use pictures (that I took) of artworks in galleries or museums on my blog?

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... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 20, 2020

Colleague is correct.

Check on other books to see how the handle it.

Most likely you should get permission from each entity that owns the properties.

You may be limited based on the terms of use when you entered the museum.

Best luck.

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2 Answers | Asked in Copyright and Trademark for Washington on
Q: Can I put anime designs on t shirts and sell them with the anime title in the name?

I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 17, 2020

You are skating on thin ice.

Consult with an attorney.

IF your designs are unique and are not a rip off or copy of other's work, you may be ok.

Most likely nobody has the right to a color or swirl pattern, but you never know.

IF you are using or reproducing...
Read more »

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1 Answer | Asked in Contracts for Arizona on
Q: Hello. I’d like to know if I can be sued for backing out of an agreement to sell my house?

The transaction involves an investor but I have another interested party that I’d like to sell to. Can switch without any legal ramifications?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 15, 2020

Most likely not.

Check the contract you signed.

Most likely the buyer can sue you and force you to sell.

Best luck!

4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 15, 2020

As indicated by the colleagues yes you can try.

Whether you get it approved or not depends on a number of factors.

Check with an attorney to assess your chances of success.

Best luck!

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2 Answers | Asked in Copyright and Constitutional Law for New Jersey on
Q: The other day I was filmed without consent in a Laughing situation Not a serious money and I want to know if I can sue
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2020

You can always sue, but it is probably not worth it unless it is affecting you substantially and you can quantify it

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2 Answers | Asked in Copyright and Trademark for Louisiana on
Q: if something is trademark, can it be use if you show that it is trademark for a business purposes
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 17, 2020

You should definitely consult an attorney

IF you are only making reference to the brand, such as mentioning that "Nike is a good company to work for, and are good shoes" then you may be ok.

If it is trying to make people believe you are endorsed by the brand or your...
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1 Answer | Asked in Copyright and International Law for California on
Q: I'm an American but live overseas. I've been threatened with a copyright lawsuit from an Attorney in the USA.

Would they have to serve me here in Germany to proceed, and would I have to go to the States to respond? I have a U.S. business mailing address but am a legal resident of Germany.

The second part of the question is that through my research their 'client' might not actually own the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2020

This can be complicated.

In theory they can serve you and you should answer the lawsuit.

You could claim no jurisdiction if you live and work and the infringement happened as result of your actions in Germany.

Talk to an American attorney to understand your options better....
Read more »

1 Answer | Asked in Copyright for California on
Q: I'd like to brand and sell a dog plush toy that has a trademark. How much of the design do I need to change?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2020

does a similar product already have a trademark?

if that is true then you would be infringing.

Try to come up with your own trademark.

If the product is generic, you should be able to slap your brand on it and sell away

1 Answer | Asked in Copyright for Michigan on
Q: Is it legal to use someone else art as an ASSET of an app you're developing with crediting them in a license section?

Like I want to develop this app which is like the Pokemon Dex but for anime characters and I can't draw and even if I could, it would be technically using the art from the anime character creator. I want to monetize it so I am able to upgrade the backend as the character's info is with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2020

Unless you really have a license, you would be lying by crediting them in the license section.

No. See who owns the art and try to get a license.

You can also hire somebody for original art.

Best luck

Q: I found product patented by someone & HIS supplier already sells it in bulks.is it Legal to buy & sell it on Amazon US?

I will not use trade mark, but the product design itself is patented .. it is sold publicly on AliBaba and it is the same supplier that provides him with it ..

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2020

Ask the supplier if he has the authorization to sell it to others.

Sometimes they may cut a deal in order to reduce the unit costs.

Check if it is patented in the US, I assume you referred to that

1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
Read more »

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