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 »
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... Read more »
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.
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 »
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... Read more »
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 »
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... Read more »
Do I need two separate LLC's. When filing trademark should it be under the LLC or me as individual?
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 »
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 »
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.
I am selling the business with the trademark and wanted to know if the trademark has any more value?
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... Read more »
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!
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 »
Consult with an attorney. Looks like you would be very close to infringing on somebody else marks.
Best luck!
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 »
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.
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 »
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 »
The transaction involves an investor but I have another interested party that I’d like to sell to. Can switch without any legal ramifications?
Most likely not.
Check the contract you signed.
Most likely the buyer can sue you and force you to sell.
Best luck!
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!
You can always sue, but it is probably not worth it unless it is affecting you substantially and you can quantify it
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... Read more »
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 »
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 »
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
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 »
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
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 ..
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
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?
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 »
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.
