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Questions Answered by Carl G Hawkins
1 Answer | Asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio on
Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: Is this still copyright infringement?

Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 27, 2020

If the time and labor is used for purposes of distributing the protected work, your best bet is to get permission. Getting permission is actually easier than you may think. With that being said, speak to a licensed IP attorney to get more intricate advice about your situation.

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1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Have a question about cryptocurrency.

I just started working on a disruptive token to introduce in the crytpo space platforms in relation to the social & retail service settings. I'm in the U.S. and I am aware of the stringent regulations surrounding the issue of whether or not a token is considered a security. My token... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 25, 2020

Refer to the Howey Test, which is the most prominently used characteristics applied to analyze whether a debt or equity security exists. If you are still unsure, I would recommend obtaining counsel who is familiar with securities law. Remember, securities law is a federal issue for the most part,... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: how to I contact trademark owner for licensing on using their trademark?
Carl G Hawkins
Carl G Hawkins answered on Feb 25, 2020

Use the link below to search for the trademark - owner’s info should be listed under the proper registration.

http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4808:9a2a55.1.1

If they’re not registered with USPTO, you can file for a name request with the state, which...
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1 Answer | Asked in Banking and Internet Law for Wyoming on
Q: crypto currency store or cryptocurrency exchange question

(a) What are the US States that don't require a licence to operate a cryptocurrency store and exchange?

(b) Which banks will accomodate cryptocurrency store or exchange payments?

Carl G Hawkins
Carl G Hawkins answered on Feb 21, 2020

A) It’s not as much crypto registration as it is registering as a money maker with FinCEN. This is required in every state you move currency in, and it is very expensive.

B) I have clients that found banks in the past but those banks may not offer those services today. You’ll typically...
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3 Answers | Asked in Business Law, Business Formation, Intellectual Property and Trademark for New Jersey on
Q: Can a company use a different name than their registered business name in their advertising?

2 companies, same NJ town, similar names (names changed for privacy).

Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.

Company #2... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 21, 2020

If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... Read more »

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