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Questions Answered by Marcos Garciaacosta
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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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I mimic/copy famous brand label ( logo vector)with changes? For example , Veuve clicquot champagne label

Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Even if it gets approved by the trademark office you would still run into problems with the owner of the original mark.

Bad idea, try something different.

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3 Answers | Asked in Trademark for California on
Q: How do I apply to buy a trademark that’s been abandoned?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 28, 2020

If you intend to buy from an owner, you need to contact her and enter in a contract for the sale of rights.

It assumes she is the rightful owner.

Consult with an attorney

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2 Answers | Asked in Copyright for Georgia on
Q: Gulfstream Areosoace is saying they trademark the words Gulf Stream from being placed o anything? True?

When Gulf Stream is related to the oceans current? The Gulf Stream, together with its northern extension the North Atlantic Drift, is a warm and swift Atlantic ocean current that originates in the Gulf of Mexico and stretches to the tip of Florida, and follows the eastern coastlines of the United... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Depends on how you want to use the term.

The aircraft use is limited for products related to the airplane, other uses could be permitted, but you should consult an attorney.

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1 Answer | Asked in Copyright, Intellectual Property and International Law on
Q: What actions are needed if I want to create something like a bullet journal in Europe (Greece)?

I refer to trademark with number 86317790. Since it is going to be a new product and not a translation, is there involvement of copyrights etc?

Thank you in advance.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 20, 2020

You definitely need to have a consultation with an attorney.

Furthermore it needs to be somebody with expertise in your region.

Trademarks are local, so even if something is registered in the USA, you would need to file in your own jurisdiction.

Copyright concerns are valid,...
Read more »

1 Answer | Asked in Copyright for California on
Q: My boyfriend was removed by CPS recently. I am asking him to take down previous music video with me in it dancing.

Since he never paid me and I edited the video myself, do I have the copyrights of my own image?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes

You do

unless there is an agreement that you gave him your rights, you still have them

1 Answer | Asked in Libel & Slander and Copyright for Virginia on
Q: If I write a historical fiction book on ancient religious sects could I be sued for slander or defamation?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes

Obviously it will depend on what you say

Your defense is the truth, so if you get sued you can just show that all you wrote was truthful or the consensus of experts

If they are a large very public organization, they have more barriers to jump through to succeed in a...
Read more »

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: Can I sell items on Etsy made from patterns I found on Pinterest? What is law on licensed fabrics?

I have found a lot of conflicting info. Some saying that you can't copyright a pattern, and that final product is "your" work so you can sell.

Others saying that no you can't. Very confused!!

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

it requires an analysis of the pattern, and see if it is owned or copyrighted by somebody.

Think of the Louis Vuitton pattern.

In general just because you see it somewhere it does not mean it is free

Make a Consult appointment

Marcos.

Counsel for the...
Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Can a brand trademark generic/common patterns or can they be freely used without worry?

Category would be fashion, apparel, and bags. How can some of these simple shapes and designs be trademarked when they are common and generic? Are they safe to use?

https://trademarks.justia.com/871/09/n-87109216.html

https://trademarks.justia.com/879/13/n-87913784.html... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Common and generic are not in reference to the trademark itself, but in the relationship of the trademark with the product or service.

Like apple for fruits. Oracle for card reading.

If used outside their expected space, they may be protectable.

Consult with an attorney....
Read more »

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1 Answer | Asked in Legal Malpractice for Arizona on
Q: Hello , is it legal to commit perjury in a Arizona court case? The legal event was a hearing for fee arbitration .
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

No

it is a crime, punishable with prison

1 Answer | Asked in Copyright for Arizona on
Q: Hi I paid for a copyright through the U.S. Copyright Office website for my short film, a single application of $35.

I wrote/directed/produced/music/vfx edit/casting/ created my whole short film. They sent me a denial letter saying because I had actors in my short film, that I couldn't get my copy certificate through the single application, if I disagree with their terms, I can resubmit with a fee of $350. I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Did you really do it with the US copyright office?

or a third party that does the filing for you?

It is possible that you need releases from the people in the movie, as well as list what other copyrighted material you may be using.

$350 sounds a reasonable price, it will...
Read more »

1 Answer | Asked in Trademark for California on
Q: Business name trademarked in the cannabis space, now a scam website has appeared using our name in the hemp CBD space.

My employer has trademarked her business name federally and in California in the recreational cannabis industry. Recently a "free CBD" scam website has appeared using our name. Some of their victims are finding our FB page and leaving angry comments and reviews. I understand that the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

I find it surprising that you say you have a federal trademark for cannabis.

It is very unlikely that happened as cannabis is illegal in the federal level.

That leaves you with less protection and arguments to go after this infringer.

If he is using social media you can take...
Read more »

1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: can you patent an AR idea?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

If you are referring to augmented reality, it will depend.

Most likely it will fall in the category of copyright.

Consult with an attorney to evaluate your options

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2 Answers | Asked in Copyright, Intellectual Property and Internet Law on
Q: Someone DMCA'd our content just to harass us.

Someone send a DMCA takedown request to the platform "Steam" where my content is hosted (a modification for a video game). All content used by us has been created by us.

We're being targeted by a malicious group threatening and harassing us with unjustified DMCA takedown... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

your success will depend on where these people are.

best luck

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3 Answers | Asked in Consumer Law, Contracts and Copyright for California on
Q: Would I be liable for manufacturing the packaging for knockoffs items?

Hello, I own a packaging company located in California. We have a client who just put in a very large order for custom boxes for his vape pen/CBD products.

Turns out he's importing generic vape cartridges and CBD products, putting them in nice packaging with known brand names, and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes, very likely

Don't

Look at it this way, if he is asking you to do something that is illegal, can you really trust him?

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2 Answers | Asked in Copyright on
Q: Is it infringement if I posted a video with copyrighted song without profiting off the material on Twitter fan account?

More details:

-I put the words "fan account" on my Twitter bio

-The video includes a radio show where they played the "copyrighted" song

Thank you so much!

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 17, 2020

They can ask twitter to take it down, or twitter can take it down on its own, maybe using a bot that checks for infringement.

bottom line, don't do it.

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1 Answer | Asked in Copyright on
Q: I have an idea for a product that would help train editors, university students, academics,

I have an idea for a product that would help train editors, university students, academics, and scientists to use specific citation systems, such as the ACS Style Guide.

However, before I build this product I need to check if it would infringe copyright. Specifically, I need to know if I... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

If it is just referencing, you may be ok

IF you are taking content created by somebody else and putting it in your product or as the result of your product, you would need authorization from those owners.

It can be complicated.

Consult with an attorney.

Marcos....
Read more »

1 Answer | Asked in Copyright on
Q: I want to ask if I create a shoes sticker for Nike or adidas,Basically is a like a shoes customisations.Will itbe legal?

I have an idea that I create some Nike swoosh sticker for the people that want to customise their Nike shoes.So I think about will Nike will sue me or I will have a law problem in future.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

No

Not legal

don't do it

They will come after you so fast

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