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Questions Answered by Allison Higgins
1 Answer | Asked in Intellectual Property for Texas on
Q: I was taken advantage of by the large businesses the time line tells the story, I want to be able to make something

8032376 they robbed me

Allison Higgins
Allison Higgins answered on Nov 29, 2020

Hi there. This forum is for general information and legal questions. We cannot contract you directly without you reaching out to one of us. If you want to speak to a lawyer directly, you will need to contact one of us through our Justia profile.

1 Answer | Asked in Uncategorized for Texas on
Q: I own my condo that is controlled by an HOA. They have a restriction of no dogs over 25 pounds. Is that legal?

I want to purchase a standard poodle and asked for an exemption. They denied it.

Allison Higgins
Allison Higgins answered on Nov 28, 2020

Yes, these kinds of rules are typically allowed (except for true service animals). Many HOAs have rules restricting the number of animals, weights, breeds, etc. even if you own the property. When you purchased the condo, you likely signed a document saying that you would agree to the HOA rules,... Read more »

1 Answer | Asked in Copyright and Criminal Law for Louisiana on
Q: Is it a ticket or a what I have n clue what it is
Allison Higgins
Allison Higgins answered on Nov 28, 2020

Hi there. You would need to provide more information for an attorney to answer this question.

2 Answers | Asked in Trademark on
Q: Hi, i registered company with the Shopify in business name. I want to know is it legit to work.

We provide IT services for clients. We are building Shopify stores and themes.

Allison Higgins
Allison Higgins answered on Nov 28, 2020

This will almost certainly result in a cease and desist letter from Shopify. While you may be able to use "Shopify" in explaining the services that you offer, you will not be able to use it in your business name. I would highly suggest consulting a trademark attorney to come up with a... Read more »

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2 Answers | Asked in Copyright on
Q: If I make a comic (not main) character based on a brand and named him something+Brand and publish it could I get sued?

Lets say I want him to have an oreo shaped body and human limbs, and then name him Peter Oreo or something. Am I at risk of getting sued if I publish a fictional comic with this sort of character among its cast?

Allison Higgins
Allison Higgins answered on Nov 28, 2020

This is a tricky situation. Although you most likely would not be allowed to do it, you may be able to under the parody exception of the fair use doctrine depending on the nature and message of your comic. However, parody is a very tricky thing and quite honestly the courts are very back and forth... Read more »

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3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Allison Higgins
Allison Higgins answered on Nov 28, 2020

As others have mentioned, you would want to look into Patents for intellectual property protections rather than copyright. A trademark would also be useful for the product name and/or brand name. Some attorney do both patents and trademarks, but many do not. You may need two separate lawyers for... Read more »

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3 Answers | Asked in Trademark on
Q: hello, i want to file my business name trademark in the US but there is another one company similar to our name.

The trademarked name in Europe of our company is "EKURO" and we also want to start selling in the US. We sell skincare products but there is another one company in the US called EKUROS which they sell Pharmaceutical preparations and substances for the treatment of pain. Is there any... Read more »

Allison Higgins
Allison Higgins answered on Nov 28, 2020

It is likely that the USPTO will refuse your registration based on the other business. You should hire a trademark attorney to do a thorough trademark search and give a more complete analysis.

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2 Answers | Asked in Copyright for Wisconsin on
Q: Youtube updated their TOS in November 2020 to include rights to monetise copyrighted content, without paying? Legal?

The Youtube TOS for the USA was updated on the 18th of November 2020, to state that Youtube has the right to monetise the videos on any channel, should they see fit, and, if the owner of said content is not a partner, Youtube is not required to pay them. The terms also state that the creator... Read more »

Allison Higgins
Allison Higgins answered on Nov 28, 2020

As Steve stated, once you agree to the terms, you are typically bound by what they say. However, I would not be surprised if we see some legal challenges in the new year. It is hard to say whether or not they will succeed because this is the first time something like this has happened on such a... Read more »

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3 Answers | Asked in Copyright and Trademark for Georgia on
Q: Does a bilingual company name violate copyrights or trademarks of a company name with the same meaning in one language?

For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... Read more »

Allison Higgins
Allison Higgins answered on Nov 24, 2020

Yes, you may run into issues. The application for a trademark does require you to disclose whether the words are a translation of another language.

Consult with a trademark attorney for your best chances of success.

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1 Answer | Asked in Copyright for Texas on
Q: Can I use the thunderbolt as part of my logo for Twitch Streaming?
Allison Higgins
Allison Higgins answered on Nov 23, 2020

You would need to be more specific to get a definite answer. Are you wanting to use a generic image of a thunder bolt or one that is used by another company or person? Are you making any money from the Twtich platform?

1 Answer | Asked in Intellectual Property, Employment Law and Business Law for Texas on
Q: Do I have a case to sue for damages based on a violation of my intellectual property rights?

I agreed, verbally and via written contract, to teach my copyrighted workshop at a six-week summer program. My boss filmed all the program’s classes and sold them to virtual students for an indefinite period of time after the six-week program ends. This was not included in the written contract,... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

You may have a case, but an attorney would need more details to give a more definite answer. For example, was the program created before or during your employment? There may be some work for hire issues that need to be sorted out.

It also would depend if there is an integration clause in...
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1 Answer | Asked in Trademark for New York on
Q: Hey! Would i be Able to add another pseudo name? I found A company in Pennsylvania trying to use my trademark name.

I would like to send a cease and desist form

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Hi there. This is impossible to answer without more information. I highly suggest contacting a trademark attorney directly to speak about your specific situation. Feel free to reach out if you would like to discuss your case.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

1 Answer | Asked in Copyright on
Q: Is selling it and doing it allowed based on the story I told you?

I bought a planner template. I want to make a book with that planner template inside and sell it. In the template, it says that the product is copyrighted. Thanks for answering :)

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Probably not. This is basically textbook copyright infringement. According to the Copyright Office, copyright infringement is " when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."... Read more »

1 Answer | Asked in Copyright for Washington on
Q: Can a screenshot of a show be used as an artistic template that is then sold as my art?

If I take a screenshot of a show, say Game of Thrones, and then draw over it in a photo editing software, is it against the law to sell the art? Copyright infringement or something else?

Allison Higgins
Allison Higgins answered on Nov 23, 2020

It depends on how similar your drawing is to the original photo. Merely tracing the photo in an animated format, as is the latest craze, is copyright infringement. The standard for copyright infringement is "substantial similarity" and this situation would likely fall under that.

1 Answer | Asked in Copyright and Education Law on
Q: Hi! i am writing a maths book and i have a query - can i copy problems and questions from various different books ???
Allison Higgins
Allison Higgins answered on Nov 21, 2020

There are a lot of variables here. It would depend on how old the book is whether or not it is still covered by copyright protection, though it likely is. It would also depend on the types of problems you are copying. A simple 2 + 2 would not be an issue, but if you are taking entire paragraphs of... Read more »

2 Answers | Asked in Copyright and Entertainment / Sports for Florida on
Q: Can I copyright the word “Désirée” for music entertainment purposes?

Can I use a group name and copyright it for entertainment purposes?

Allison Higgins
Allison Higgins answered on Nov 21, 2020

It seems like you are thinking of a trademark. You would need to conduct a trademark clearance search to determine if the name is available and then file for registration. I would highly suggest hiring a trademark attorney to complete the search and prepare the application for your best changes of... Read more »

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1 Answer | Asked in Intellectual Property for Minnesota on
Q: My live in boyfriend moved out of my property can he return whenever he wants?
Allison Higgins
Allison Higgins answered on Nov 19, 2020

Hi there. This section in for intelelctual property questions such as trademark, copyright, and patents. You may want to re-post your question in a different section such as landlord/tenent law or family law. Sorry about the confusion.

1 Answer | Asked in Intellectual Property for Alaska on
Q: Have title of truck i bought 4 years ago and truck now state has registered owner as a ward of state all titles flag

Like they own it what do I do

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Hi there. This section is for intellectual property questions like copyright, trademarks, and patents. You may want to re-post your question in a different section for personal property, traffic incidents, or civil litigation. Sorry about the confusion!

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are FDA medication guides and manufacturer pamphlets copyrighted?

Rx and OTC drugs come with monographs, medication guides and manufacturer pamphlets and I would like to know if one can reference their data without worrying about copyright laws. For example, ican someone make a database that customers pay a fee to join that summarizes the critical data from... Read more »

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any... Read more »

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