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Questions Answered by Marcos Garciaacosta
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 »

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: If I have produced a parody logo of the Levi's logo with the letters rearranged, does this infringe copyright?

This logo would be to print on t-shirts to sell on an online store.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

I would not do it

Very likely you could face repercussions

Parody has its limits.

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Illegal Copyright Trolling?

Hi there, I was having a discussion with my friends about a theoretical scheme between copyright lawyers and something like a movie studio. If they conspire to upload the material to a bittorrent site themselves in order to sue infringers, is that illegal? The closest thing we could think of would... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

probably very illegal

Lots of parts to analyze, if it is a real concern you should consult with an attorney

www.legalbizglobal.com

2 Answers | Asked in Trademark on
Q: does a status of 700 - registered mean my TM is approved?

My TM was rejected now I see it has been registered to me sometime later - am I TM approved now ? Confused!

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

where did you see it?

in the USPTO you should be able to see that it has a registration number assigned to it

make an appointment for a consultation

www.legalbizglobal.com

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1 Answer | Asked in Trademark on
Q: what does Status: 653 - Suspension Letter - Mailed mean?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

I assume you are referring to a trademark application.

Depending on what you are applying for it may indicate that there are some legal issues that do not allow them to make a determination and that it is suspended until the other issues are sorted out.

You should consult an...
Read more »

2 Answers | Asked in Contracts and Copyright on
Q: question about copyright laws and licensing laws and use of franchise characters and assets

if i were to get a a licensing agreement to use a franchise and its characters for the production of a video game from the curent copyright holder and if there was another game from say 15-20 years ago that was made by someone else who had a license at the time but may no longer and i wanted to... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

You have a complex question here

You should consult with an attorney to sort all the issues out

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1 Answer | Asked in Copyright and Business Law on
Q: Can I use the phrase "it's Pimm's o'clock" for my t shirt business without violation
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It depends on what the meaning of Pimm or Pimm o'clock mean.

It may or may not be a violation.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

www.legalbizglobal.com

1 Answer | Asked in Copyright, Personal Injury, Internet Law and Libel & Slander for Florida on
Q: Hello, I have somewhat of an online presence and someone that I used to speak to as a friend has decided to leak my nude

photos from OnlyFans (a protected site that subscriptions are payed for) as well as has leaked my previous home address, phone number, and still constantly harasses me via twitter through multiple accounts.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

You should report to the police.

As far as leaking photos, you should consider filing for copyright registration and sue him for infringement.

You should consult with an attorney quick.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Gaming, Copyright, Intellectual Property and Patents (Intellectual Property) for Georgia on
Q: Can I use parts identical to LEGO parts (non-patented/expired) in a commercial virtual reality game?

The parts are sourced from an online community (LDraw.com) that models the LEGO parts in 3D attempting to digitally archive the LEGO parts, so they are as close to the original as possible. I am attempting to create a virtual reality game where these parts can be built in a similar way (but in a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

It will depend on what parts you are referring to.

If they are the ones out of protection, you could use them. But you need to make sure they do not have other protections, common law or statutory.

You should definitely consult an attorney to be better guided.

Marcos

www.legalbizglobal.com

1 Answer | Asked in Copyright on
Q: copyright

Our company has built an e-gaming information website. We need to publish articles on it regularly. We sign some writers to write articles for us. But that's not enough. We need more contents. So we plan to reprint articles from other e-gaming companies' official website. We have... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

I strongly suggest you get a formal, paper (e)signed agreement on what they are agreeing to.

The trail of evidence may be enough for a litigation, but a one document spelling everything is better.

You should have an attorney next to you to walk you through all these questions, to...
Read more »

3 Answers | Asked in Business Law and Trademark for Tennessee on
Q: If I download a photo of actors and edit it to make it look like a sketch or art, can I use it commercially?

If I download a photo of actors or musicians or other public persons and edit it to make it look like a sketch or art, that makes it look significantly different, can I use it for commercial projects like T-Shirts or Mugs?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

Don't do it

they have the rights to their image, so they can come after you

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2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

You should have a contract drawn up by an attorney and with a special focus on the intellectual, intangible nature of the work.

It is basically a contractor, commission work contract.

Best luck.

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2 Answers | Asked in Copyright for Maryland on
Q: A local govn't agency wants to make a karaoke video with a copyrighted song. Is a license needed? How to obtain?

The video would go on YouTube/FaceBook/Twitter and other social media sites. It is a salute to our heroes killed in the line of duty. No profits or money would be exchanged in any way. If a license is needed, what is the best way to accomplish this?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Even if there are no profits or revenue you very likely need a license.

Check the owners and try to contact them.

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2 Answers | Asked in Intellectual Property for California on
Q: Hi there! Do I have to pay this fee of $250 to absolve me from an infringement or is there a way to dispute it?

I sold one shirt on Etsy for $15 with the quote “Still I Rise” and the words “Maya Angelou” in the description. Now her company is trying to fine me $250. Do I have to pay?

Here is an excerpt from the email they’ve sent:

“Indiana’s statute is very clear on this point:... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

This is very typical and I see it all the time.

You can try to negotiate.

They may or may not sue you and it will cost you more to defend yourself.

If you pay, check if they give you a license to use it, or if it is just for the damages they calculated with that promotion or...
Read more »

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3 Answers | Asked in Trademark for Maryland on
Q: How to legally sell and advertise trademarked items?

I am opening a designer gift wrapping business, where people have their gifts professionally wrapped. I would like to use licensed, real products like Harry Potter gift wrapping etc.

1. Does a store need a special agreement or license to sell trademarked goods?

2. Is it a trademark... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

You have lots of good ideas.

Some may be risky, other not.

You should have an attorney by your side as you develop your plan.

In general you can buy and sell trademarked products as long as you are not violating their terms of sale.

In some cases you do not buy a...
Read more »

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