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?
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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...Read more »
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.
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 »
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 »
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 »
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.
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 »
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 »
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.
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!
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 »
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 »
The short answer is probably not. It is extremely rare that a US trademark registration can be enforced in Canada. But it would depend on a few factors. Are you doing any business in Canada? Is their business offering the same goods and services as yours or just using the same name? Is this company...Read more »
There are several factors that would determine the answer to your question. It would depend on what kind of goods you are wanting to sell. As the other answer mentioned, you will need to be represented by a US trademark attorney to file for trademark protection in the US. They will be able to...Read more »
Yes. Depending on your idea, you may need multiple intellectual property protections. The 4 main types of intellectual property are trademarks, copyrights, patents, and trade secrets. Some businesses only need trademark protection, while others need all four. You may need more than one attorney to...Read more »
Hi there, you will defnitely want to hire an US trademark attorney to help defend your case. The Justia Ask A Lawyer section is for general legal information, not advice regarding a specific case. Thus, you will need to hire an attorney to represent you in this matter.
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.