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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Intellectual Property on
Q: Hello,I have a low budget so can I do my own FTO search from legal point ? What happens if I make an error?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 16, 2021

you could lose the rights to your brand, get sued.

2 Answers | Asked in Trademark for New York on
Q: I own the domain name hodlerhotel.com I want to trademark holder hotel what do I need to do?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 16, 2021

Make an appointment with an attorney to review your chances.

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1 Answer | Asked in Copyright for Illinois on
Q: Arcade cabinet side art for personal use. is this derivative work?

I am making an arcade cabinet to sit in my basement and to be played by my family. The side art is a compilation of artwork from artists who drew video game characters but I changed the art so the characters look like members of my family. The poses, shading, expressions still look very much like... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 15, 2021

Using the work and creations of others is definitely infringement even if there is no economic benefit.

3 Answers | Asked in Trademark for Georgia on
Q: Is a cancelled trademarked name then available for use?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 16, 2021

Maybe, maybe not. Check if there are similar marks registered, then they may be blocking you from getting the cancelled one.

Consult with an attorney fast!

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3 Answers | Asked in Trademark on
Q: Hello Can I use a trademark (not mine) after being canceled or abandoned since 2016 ? Thanks in advance

.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 16, 2021

Not so fast

Consult with an attorney first before you get into potential trouble.

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1 Answer | Asked in Intellectual Property for Idaho on
Q: i was a part-time graphic designer in IDAHO and designed evrything for the company. Do i have intellectual property?

everything i read says that i needed to be a full-time employee for them to own my work. but they came to my doorstep and fired me and are now going to be using my designs for years and revising them and continuing to make a profit. Idaho does not have many rights for employees at all so I am in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 14, 2021

most likely not.

If you got paid, and/or signed a contract, most likely you ceded all rights.

check your contract

3 Answers | Asked in Trademark for Pennsylvania on
Q: how do I apply to trademark a logo?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 14, 2021

You should consult and hire an attorney to make sure things are done correctly.

Best luck.

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1 Answer | Asked in Copyright for Kansas on
Q: I have a question about "fair use" I think. I am wiring a sports biography, including a few newspaper stories.

Each story, in my book, has the name of the newspaper, name of reporter, Page No. and date. Then the story itself. Do I need to have permission from the newspaper? I have verbal permission, but I got that 20 years ago (I wrote the book 20 years ago, I am just now getting it published), and the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

be careful

if you are reproducing the whole article you should consider seriously getting permission

your risk is very high

1 Answer | Asked in Intellectual Property for Minnesota on
Q: I am listed as an inventor on my former employers patents. can i sell those rights to others.

My position was eliminated by new management. In 2018 the former GM asked for my assignment signature. I told him I was not comfortable doing that working for him for 36 years and He soon to retire (since deceased) that as long as I was employed I would not take issue with not assigning my rights.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

Check your contracts including anything you signed upon your departure.

Most of the time you grant any creation to your company.

You are the inventor. Depends on how the invention was registered you may have some rights or none.

Best luck.

1 Answer | Asked in Copyright for Washington on
Q: Can a fire dept. use an image based on Rocket from Guardians of the Galaxy as their station logo? (FF's = Guardians)

I am Logistics Chief of a mid-sized fire department. To encourage camaraderie at the fire stations, personnel are encouraged to come up with a station logo / mascot. One station in particular at my department has a main response area that covers the "gate" of a major military base.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

You should ask nicely to Marvel. They may say yes.

2 Answers | Asked in Copyright for Ohio on
Q: Are photographs taken of President Abraham Lincoln delivering his Second Inaugural Address in the public domain?

The photo in question was taken on March 4, 1865, by an employee, probably by Alexander Gardner, if so, of a privately-owned photography studio, owned by Matthew Brady. Can I reprint one of these photos in a book and be free of any legal consequences? Thank you.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

NO.

It depends on how you get your hand on the photo.

IF you go to where the original is and they allow you to take a photo, then maybe.

Most reproductions you will find online have their own trail of copyrights.

Just like anybody can take a picture of the statute of...
Read more »

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1 Answer | Asked in Copyright on
Q: How do I get rights to a Fats Domino song?

I own a Video Production company and I want to run an advertisement featuring a song by Fats Domino

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

Google who is the copyright manager.

1 Answer | Asked in Copyright on
Q: Hi there, I was wondering whether the below listings on etsy and ebay are a copyright infringement, or is this allowed?

These are the listings:

https://www.ebay.com/itm/Avengers-Endgame-Signed-Film-Script-X32-Chris-Evans-Hemsworth-Downey-Jr-reprint/283704141227?hash=item420e15a5ab:g:~6UAAOSw31pdD-~p... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 13, 2021

Sorry but there is no ways somebody will give you free legal advise of this volume and magnitude.

If you think this is a business opportunity you need to budget and pay for legal counsel.

1 Answer | Asked in Copyright on
Q: I founded the website pokevault.com 10 years. Someone is now using thepokevault.com website selling pokemon products.

Is there anything I can do? I do not have the name pokevault trademarked, but I created the name "pokevault" and it has become a household name for selling Pokemon items. Now someone is trying to profit from my websites popularity by using my name in their URL address. I understand that... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

You can approach him nicely. You can file a complaint and ask ICANN to take the domain away.

You should contact an attorney fast.

2 Answers | Asked in Copyright and Trademark for California on
Q: I am planning to start self-publishing books under a pen name. What legal steps do I need to take in order to this?

I'm a little confused about the process. I'm forming a LLC, but beyond that, do I need to create a DBA in the pen name? Do I need to trademark it? Do I need register for a copyright?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

You should definitely sit down with an attorney and understand all the issues associated with it.

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2 Answers | Asked in Trademark on
Q: Hello, i would like to register brand name, how time it woud take and what is cost?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

In about two months after application you get some preliminary feedback that gives you an idea if you have any issues or not.

If not issues you can have your trademark within six months.

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2 Answers | Asked in Trademark for Florida on
Q: Is there a way to trademark another item under the trademark I currently have in order to have a lesser fee

..or are all trademarks separate no matter if its different trademarks within one business you currently have?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 11, 2021

It depends on the product and services you are offering under the mark.

In general you can have different classes for the same brand.

But depending on your business you can explore different options.

You should speak and consult with an attorney.

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

2 Answers | Asked in Trademark for South Carolina on
Q: Would I be able to legally make my slogan We went to Jared?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 7, 2021

Probably not

If it is already used by somebody else or it is very close to somebody's else slogan you should stay away from it.

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2 Answers | Asked in Consumer Law, Products Liability and Intellectual Property on
Q: Is it legal to make a promotional video for a product that is not mine?

I had a question for an idea i wanted to do but not sure if it is legal? is it legal/ok to make promotional video for a product thats not mine. For example if i make an affiliate link on amazon products but would like to advertise my affiliate link with a self made video of product in a paid... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 7, 2021

Depends

it may fall under fair use, review, commentary

You should consult with an attorney to assess your risks

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