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Questions Answered by Marcos Garciaacosta
2 Answers | Asked in Copyright on
Q: Can a Danish tourist use pictures taken in New York, in a book which is printed and sold only in Denmark

On vacation in New York I have taken many pictures of buildings like Flatiron Building and Empire Statue Building and artwork like the Statue of Liberty. All pictures is taken from public spaces, where all tourists can go.

Now I want to use these pictures in a book, where I tell about the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 24, 2020

Be careful if the building is unique, or has other creative work attached to it, like murals, paintings, sculptures, etc.

Also it is important if it is a book about the buildings or the buildings are just backdrops and the real value is from other elements, such as models, people walking,...
Read more »

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2 Answers | Asked in Copyright and Trademark for New York on
Q: getting permission to use a trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 13, 2020

it will depend on the owner and what your intentions are

expect to pay, if it is a famous mark, unless they have a licensing program, you would not get it

best luck

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1 Answer | Asked in Copyright for Nevada on
Q: Is it considered copyright infringement to use the phrase "Sam I Am" in a marketing campaign?

The phrase will not be used in a fashion or style similar to Dr. Seuss's use, but used solely in a fashion as to say "Sam I Am...Trustworthy, experienced, honest...etc.

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 9, 2020

It will depend on many factors, whether somebody already has it registered, or using it.

You need to have a serious sit down consultation.

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: Can I start a mobile application which gives prizes based on big lotteries' winning numbers? There is no entry fee.

Can I mention the name of the lotteries in my application or is there any way to go around that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 9, 2020

You probably are going to run into a lot of different problems.

I would probably stay away or understand very well the issues.

Just giving prizes can be very problematic.

3 Answers | Asked in Trademark for Florida on
Q: I created a company that already had a trademark registered to a series of books. Could I create a trademark for apparel

Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 9, 2020

will depend on the books, and whether the names have been registered for clothing.

Have a consultation with an attorney to understand better your options and risks.

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2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 9, 2020

You definitely need to have a consultation with an attorney and understand what happened and your options.

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1 Answer | Asked in Trademark for Nevada on
Q: about this trademark lawsuit, how do I answer, i live in Mexico City and just found out theres a lawsuit against me

2:2020cv00051 case number

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 5, 2020

Where was this filed against you?

who filed it?

you need to have an attorney work with you on this.

Contactame.

www.legalbizglobal.com

1 Answer | Asked in Trademark for California on
Q: I would like to trademark a phrase I use in my business, a phrase which is also the name of a workshop that I teach.

How do I go about it? I know it hasn't been trademarked yet. Thank you!

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 17, 2020

You can take a shot at it.

You should contact an attorney to help you understand if it will even be acceptable as a trademark.

If it is generic, related to the topic, it will not be accepted. Think of apple for fruits.

You should also have plans for bringing it to market,...
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2 Answers | Asked in Copyright for Ohio on
Q: Can you publish a book as a sequel to a CS Lewis series not in public domain? No changes were made to his original work.

Chronicles of Narnia: Susan was left behind in the final book "The Last Battle". Lewis recognized the story was incomplete in a 1960 letter to Pauline Bannister and suggested she finish it. This is my attempt to do just that and complete Susan's story. I was very careful to make no changes to his... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 17, 2020

Very high risk. I would advise against it.

You would be better off having a serious agreement and contract with the owners of the original material, heirs or assignees.

best luck

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1 Answer | Asked in Trademark for California on
Q: Is there a trademark on Heritage Palms?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 10, 2020

You should make an appointment with an attorney to order a search and analysis of viability.

It will depend on what you are trying to protect, both the brand and the use.

Best luck.

2 Answers | Asked in Copyright for Ohio on
Q: is it legal to use part of a poem, written in 1794, in a song written now?

i'm writing a song and i like the line "tiger, tiger, burning bright" which was a poem published in 1794. would it be safe to include it in my own writing or do you think i would still be sued by the writers family or estate?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 10, 2020

Good observation. Even if it were copyrighted depending on how much you use, you could fall under fair use.

consult an attorney.

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1 Answer | Asked in Contracts, Collections, Intellectual Property and Small Claims for Minnesota on
Q: Best way to go about this

I bought my stepmom car for 2000.. and today she showed up with the police claiming that I never paid her anything and she wants the car back. She had the car towed off my property...

I have text messages from her saying the price of the car, me giving her mom, and are agreement... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

consult a local attorney, you can try this in small claims depending on your jurisdiction

make sure you have all documented and printed for presenting to the court

1 Answer | Asked in Trademark for Texas on
Q: Can i put bmw image on a print on demand t-shirt?

I wan to open an online clothing store and i was thinking to make some t-shirts with bmw m power images. Am i allowed to this?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

No

bad idea

BMW could come over you at any time

too much risk

1 Answer | Asked in Copyright for North Carolina on
Q: In NC, does the company own copyright of creative works if no contract was agreed upon?

I worked as a 1099 Photographer with no contract or agreement for a company in NC. I was wrongfully let go (They are now claiming was a mistake), but my images are still being used for marketing and promotions even after I asked for a cease and desist. After a long wait, the companies legal... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

It is possible their response is a canned one and uses the term employee.

It is similar rule with contractors involved in creative work

you should contact a local attorney who is familiar with the local regulations

in general the work done for pay tends to be owned by the...
Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for California on
Q: Hello! I have a question regarding manufacture of specific skateboard parts.

I recently manufactured on a CNC machine 5 sets of high performance skateboard trucks. The design copies very closely a design of a company that is no longer in business. I believe they never had a patent on their skateboard parts. Is it legal for me to sell my product? They are not exact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

that definitely requires an in depth analysis and consultation with an attorney

in any case you always run the risk of somebody claiming you are copying something

you need to understand how many basic designs of trucks exists, how long they have been around, etc. in order to assess...
Read more »

1 Answer | Asked in Trademark for Florida on
Q: hi is the name Lewis Hamilton Trademarked?

it says cancelled

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 2, 2020

There is a pending application

unless you are him or his attorney, you should not try to get it as it may be misappropriation of a famous image

talk to an attorney about your needs and plans

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: can I copyright a work for hire?

If I commissioned a freelance artist to created my a graphic character and we sighed a work for hire contracted before work started. does it fall in the nine categories of work for hire?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Indeed that is the purpose of the contract and work for hire clauses

make sure your contract is firm and the other person understands what she signed off to avoid future complaints

1 Answer | Asked in Copyright for Texas on
Q: can I put a celebrity's Name on a shirt and sell it

Im starting a custom shirt business and a customer has asked me to make a shirt that says "Harry Styles"

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Don't

Unless they have permision from the famous person to use the name, you may get into trouble

best luck

www.legalbizglobal.com

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

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