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 »
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 »
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 »
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 »
Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.
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.
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
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 »
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.
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.
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 »
Since he never paid me and I edited the video myself, do I have the copyrights of my own image?
Yes
You do
unless there is an agreement that you gave him your rights, you still have them
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 »
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!!
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 »
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 »
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 »
No
it is a crime, punishable with prison
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 »
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 »
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 »
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 »
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,
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
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
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 »
your success will depend on where these people are.
best luck
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 »
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?
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!
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.
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 »
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 »
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.
No
Not legal
don't do it
They will come after you so fast
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.
