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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Copyright on
Q: how can i prove fb I'm the orginal owner or Authorized person please tell me?

I have a website someone stolen my web content and post it on facebook pages or profile i reported that's content via Facebook copyright form they said

Thanks for your report. Based on the information you have provided, it is not clear to us that you are the rights owner or are... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Looks like you will need to follow a number of steps to satisfy FB requirements.

If you have any questions, you should consider hiring an attorney who is familiar with online piracy.

It will depend a lot on your ability to produce evidence you created the content first....
Read more »

1 Answer | Asked in Copyright for Florida on
Q: Is the Duesenberg motors trademark available?

If so who owns the trademark

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Check in the USPTO to see if it is available and the owner.

You can consult with an attorney to review your plans and see what are your next steps.

Marcos.

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Copyright and Trademark for California on
Q: Will there be any conflict with me using the name "Lord Farquaad" for my Twitch channel?

I will be using this name to represent myself in front of an audience and may create logos with this name tied along. I will not be using the actual Dreamworks character in the branding. Thank you for answering.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Very possible.

It will be up to the owner of the character to do anything about it.

You should consult with an attorney.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: hi, I had discovered a novel compound that shown an antifungal assay, this has never been reported, can i patent it?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Depends

There are a lot of factors in play

Has that compound being used before for something?

Has it been in existence before?

Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made

Is it...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Supreme logo copyright/ trademark question

Hello

I want to make t-shirts with the box logo, but without the word "supreme." I am making shirts with simular (looks exactly the same) font with the same red but it says "Winga." Is this illegal? I am also making shirts with other colors.

I tried to contact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

We need more details so I can give you better guidance.

Check my website www.legalbizglobal.com

480 324 6378

It will depend on how similar the designs are.

If you are just printing supreme on your t-shirts for example, you may have an argument that it is a generic...
Read more »

2 Answers | Asked in Copyright for California on
Q: My wife has started a YT channel with her readings, in Russian, of classic Russian literature, available free.

Current recordings are from one to 30 minutes each; future recordings may be one or more hours.

Most for children, some for adults.

Poems, fables, stories by authors such as Pushkin, Tolstoy and others.

All source material is 70+ years old, in public domain. ~30 recordings... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Great answer from Barbara.

You should definitely consider registration for your works, whether individually or as groups if possible.

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2 Answers | Asked in Copyright and Criminal Law for Kentucky on
Q: If I sold nude photos (over 18) to someone, and the photos are under no copyright, are they legally able to sell them?

I did not give consent for selling

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Agree with Barbara

No they can not distribute other copies of the foto you sold them

IT WILL depend on how you sold it and the terms and conditions of the platform you used.

Consult with an attorney!

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1 Answer | Asked in Intellectual Property for Massachusetts on
Q: If prior art has same components but more than mine, different uses, can't work independently can that be argued?

Non final rejection. Can I answer changing type of attachment peices I use on my product . They are placed in the same area on prior art, but I only use 3,making it much easier to use. they use 8 components. My product serves a different purpose than theirs. Their product cannot work... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

Lots of questions in one posting.

You really need a consultation to assess your chances.

www.legalbizglobal.com

2 Answers | Asked in Copyright for Texas on
Q: I'm curious about the legality about using someone else's story all the while using your own characters in a comic book.

I'm an amateur comic book artist and I was thinking about writing a similar plot from a TV show, but using MY characters instead and possibly putting in little different aspects. Will that be safe to do without permission or no?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

It depends on the story.

If it is about a young man trained by a group of people with super powers and he fights an evil empire, as long as you do not steal the names, looks and name, you may be ok.

There are tons of examples, but the plots and characters are different, Star Wars,...
Read more »

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1 Answer | Asked in Copyright for Utah on
Q: I'm looking to start a brand based out of Salt Lake City, Utah name blase. What troubles would I run into?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

It depends on what you are looking to do.

In essence, you should not have any issues unless you are violating a law or ordinance

Not enough information to make an assessment

consult with an attorney and schedule an appointment

www.legalbizglobal.com

2 Answers | Asked in Trademark for Florida on
Q: Am i braking law if using a phrase, which is a trade mark. Example Miami Towing, using it as a keyword phrase on website

We are a towing company, and we use different key words phrases on our website. One of them is Miami Towing, for better search traffic from google. We received a letter from Miami Towing company that has a trademark of that phrase. They have recently filled for it. Am i braking law using it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

It is possible.

You should consult with an attorney to see your risks.

It is still left to see if they get the trademark.

As indicated by Elvyn the mark may be too generic or descriptive to be registrable.

Still you do not want to fight or antagonize anybody.

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1 Answer | Asked in Copyright on
Q: I created an illustration to use on t-shirts inspired by a film character in a famous scene, can I sell it on t-shirts?

I am a graphic designer and I designed a vector graphic illustration inspired by a famous film character in a famous scene - I used a photograph as a reference but the work has been done completely from scratch by myself - I wonder if I can sell the design placed on t-shirts AND if I can refer to... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

No

Depending on the character and the scene, it may be under the protection of copyrights and very likely you can get negative repercussions

Consult with an attorney!

1 Answer | Asked in Copyright for Florida on
Q: Can i sue someone for stealing a shoe design tweaking it and making profit off of it

The perp was Kanye West and one of his yezzy shoe designs

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

Kanye? No.

You will lose and gain nothing.

Besides, you would have a high burden of proof, and tweaking may have been enough to differentiate it from your design.

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for California on
Q: If one starts a website that lists doctors, can you use a headshot & bio from the doctors website without permission?

This would be just a directory of doctors and their business information found on their website.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

You are in risky territory

Besides having a consultation with an attorney, you should consider having an engagement plan with the doctors so you can remove them and change information.

www.legalbizglobal.com

1 Answer | Asked in Trademark for Florida on
Q: A company has trademark registered but no signs of any business in the United States, is that Lanham Act non-use/abandon
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 13, 2020

It can be.

Check when it expires.

Also, if you really want it, you may institute proceedings.

There are a number of strategies you can pursue.

Contact for a consultation

480 324 6378

www.legalbizglobal.com

2 Answers | Asked in Copyright for New York on
Q: How long can someone go to jail for using my picture as their profile picture on their Instagram using my name?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

For jail you need a criminal case

You need to report to the local authorities

IF it is with intent to defraud, then they may be interested in prosecuting

if it is a prank or something else, you should try to get IG to remove it.

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1 Answer | Asked in Copyright and Intellectual Property for Colorado on
Q: How can I tell if what I’m selling violates any intellectual property infringements? I sell themed diaper cakes I make

Star Wars , a Harry Potter and other trademarked characters or brands used to make a baby shower gifts I sell. I want to make sure I don’t get sued or violate any trademark, copyrights, etc

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 10, 2020

You can always be sued.

Most big companies decide not to go after small guys, specially if it is in the fan realm like in Comicon.

You do not have zero risk, you are at the mercy of what the owners want to do.

2 Answers | Asked in Intellectual Property and Trademark for Maryland on
Q: Can I include an already trademarked name of a business in my url?

I am creating an online course about selling on Amazon and my sharing my personal experience and tips to students. I do not sell any physical products that Amazon.com sells. I am only selling a digital product that I created on my own. The digital product is to educate other people how to start... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 10, 2020

That is the fastest way to get a complaint and maybe a proceeding that will take your domain name.

Try something else.

Consult an attorney.

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1 Answer | Asked in Copyright for Idaho on
Q: Are the words "Flux Capacitor" copyrighted?

I wanted to use the words for a college poster project that will only be seen by the teacher

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 10, 2020

You probably mean Trademarked.

It will depend on what you plan to use it.

If it is an internal project, not in commerce, your risk is rather low.

Consult an attorney.

2 Answers | Asked in Trademark for Texas on
Q: interested in obtaining the rights to cancelled AMIGA trademark serial # 73571532. was wondering how to do that legally

from what i understand it was abandoned in 2017

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 13, 2020

It also depends on what use, purpose is the trademark for.

If you plan to use for the same product or service, you should make sure it is not in actual use.

Anybody can file an application and get an abandoned trademark. But you may be stepping on common, usage rights....
Read more »

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