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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Copyright and Intellectual Property on
Q: Can images/scans of likely copyrighted sports cards be partially reproduced and redistributed?

I'd like to create a deck of cards with scans of relatively new sports cards (30-40 years old) in the inset of the card, and sell that deck as game cards for a board game. Since they are just scans of the original card, it would never be mistaken as a reprint. As a result, though, names and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

I am not sure if the 30% rule is a hard rule.

You are in risky territory.

I do not recommend you do it.

Consult with an attorney.

1 Answer | Asked in Trademark for Indiana on
Q: I'm trying to get in touch with a Thomas young he handled my trademark a few years ago and I can't figure out which comp

Which company did my trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

You can consult with an attorney and search for your trademark in the system

1 Answer | Asked in Copyright on
Q: They distribute the games I made on Roblox, what can I do?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 13, 2021

You need to consult with an attorney to review your case.

1 Answer | Asked in Copyright on
Q: Hi there Lawyer, Is VETTORE a brand name? Your Response would mean so much to me. Talk soon, Bryan
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 11, 2021

Maybe. You should contact and hire an attorney to do a search and assess your risks and chances.

2 Answers | Asked in Trademark for Colorado on
Q: If I buy a trademarked item from a licensed seller can I use that item in the product I create and sell it?

I am buying the insignia for a military branch then affixing it to a wooden flag, then selling the flag. The company I am buying the insignia from is licensed to sell them.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 11, 2021

Probably not.

It will depend on the conditions of the sale.

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2 Answers | Asked in Trademark for North Carolina on
Q: How do I get a trademark for the word, Godufacturered.

I invented this word back in 2005 as part of my non profit, Da Jesus Factory and outreach ministry slogan. Where P.E.A.C.E. IS Godufactured 24/7. I recently discovered that someone attempted to get a trademark for it but it appears it failed. Is it possible for me to obtain a trademark for it now.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 10, 2021

Depends

You need to consult with an attorney to review your chances

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1 Answer | Asked in Copyright on
Q: Hi I'm based in South Africa, will it be an offense for me to use the name Unfazed?

I want to create a brand myself of clothing, hats e.t.c., so now I just need to know whether it's allowed or not since we in different countries

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 10, 2021

Depends on the context

Whether it is offensive or not may not have any bearing on getting the trademark per recent US court decisions.

You should consult a US based attorney to analyze your case.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

1 Answer | Asked in Copyright for Arizona on
Q: Plaintiff restricted from deposing Defendant.

I am a pro se Plaintiff in a federal copyright case. The Judge is denying me the right to depose the Defendant (an entity) under Rule 30(b)(6). Is this allowable? How is it that I can be restricted from deposing the other party?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

Looks like you need to consult with an attorney.

Deposition is a procedural technique, and you need to follow some protocols, so check what the process is and make sure you are following it.

2 Answers | Asked in Trademark for New Mexico on
Q: Do I have to change my business name?

I was sent an email by Marketing Solutions LLC in New Mexico that my business KN Marketing Solutions is in violation of Trademark law of "Marketing Solutions" name, which is registered trademark in the state of New Mexico to Marketing Solutions LLC. However, my business is registered in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

The test here is likelihood of confusion.

Whether somebody would get confused.

You need to consult with an attorney.

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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I have a design I would like to know if it passes the guidelines not to infringe on this trademark.
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Consult with an attorney so she can do proper searches and give you a risk assesment.

2 Answers | Asked in Trademark on
Q: Can I name my blog Berry or could I get in legal trouble
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Depends

You should consult with an attorney to understand your goals and risks

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1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

1 Answer | Asked in Copyright and Internet Law for New Jersey on
Q: Can I read children's books on sites like Youtube? If so, am I also allowed to display the pages of the book for viewer

Is reading a children's book online legal as long as you aren't trying to monetize it? (New Jersey)

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Monetizing has nothing to do with copyright violation.

You should be careful and consult with an attorney.

2 Answers | Asked in Trademark for Georgia on
Q: Permission to use the Mark.

DARPA, CDMA, USCCA, USCIS, RealID, E-Sign

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

All them are government agencies, you need to be careful how you use them.

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3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

You should consult with an attorney to evaluate your options.

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1 Answer | Asked in Copyright for New Jersey on
Q: i've unknowingly sold items on etsy that infringe on a copyright. What should i do, and what could the penalties be?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

You should contact with an attorney.

Statutory penalties can be up to $100,000 per violation.

1 Answer | Asked in Business Law and Copyright for Florida on
Q: Is a tweet (words or phrases, not pictures) public domain or does ownership automatically attach to the one who posts?

For instance a popular tweet such as a post by someone called @geraldinreverse: "well, well, well, if it isn't the consequenses of my own actions."

It got almost 300K likes and 140K retweets.

Is that phrase owned by @geraldinreverse or can I print that phrase on a shirt and sell it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

Depends

Consult with an attorney

You are referring to copyright

There are requirements related to copyrights such as innovation and creativity, and also the scope or size of creation

It is likely that what you indicated does not fall under copyright, maybe under...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: If I were to market/sell a caffeine free energy substitute using a pouch delivery system would that be against patent?

I understand there are many products that use saliva based delivery (pouch) methods. Are all of these required to gain permission or establish patents to market and sell these types of products?

Thank you

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

depends

consult with an attorney

you would need to look and see if there are any patents associated with that in the jurisdiction where you plan to make, sell or import

1 Answer | Asked in Copyright and Probate for California on
Q: Can I inherit my father's patents?

Wallace Tessmer was my father.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

Yes you can

Check his will or trust

Make sure it went through probate

Check if the patents are still active

Consult with an attorney to understand your options

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