Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... View More

I agree with Attorney Steve as to the issue of registration conflicting with a prior trademark owner’s rights. Yet, it is probably advisable for you to be proactive, not simply reactive. You should strongly consider filing USPTO trademark registrations for your domains in available product... View More

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible... View More

Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your... View More

Yes. Pursuant to New York Judiciary Law Section 527, any person who fails to respond to a jury questionnaire served personally or by U.S Mail, and further fails to comply after being served with a “notice of non compliance” personally or via U.S. Mail, may be subject to a “noncompliance... View More

There are complicated immigration rules regarding volunteering, working, and passive investing on your F-1 visa. Your OPT might be useful if the work is related to your degree. Then there is the possibility of if a change of status to L-1, for example. Without assessing the specifics of your case... View More

Your options are found under Article 52 of the Civil Practice Law and Rules, which contains most of the judgment enforcement devices in New York. The most common devices are bank levies and wage garnishments. These procedures involve you preparing paperwork called an "execution levy," and... View More

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More

No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... View More

That depends on the provisions of your contract covering waivers of defaults, if any. If you are paid in full under the terms of the stip, even if late, there would be nothing to sue for unless there are some additional penalties outstanding. An attorney would have to review the terms of your... View More

If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... View More

You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... View More

Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... View More

This depends, as usual, upon a review of the detailed facts regarding the alleged "trade secret" in your case. In general, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the... View More

You might be able to defeat their claim. However, unless you know how to effectively draft an opposition legal letter and have a deep knowledge of U.S. Copyright law and case precedents, it's going to be very difficult for you to convey the strength of your position. The case you cite was... View More

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... View More

What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... View More