Get free answers to your legal questions from lawyers in your area.
answered on Nov 13, 2020
Hi, it looks like you posted this in the Copyright section, but you are looking for information about a Patent. I would suggest re-posting in the Patent section for better answers. You will need a licensed patent attorney to help in your situation.
I'm starting a small music streaming service. And one of the bands I was talking to said that they do not own the licenses to their music. But would like to be on the platform. They mentioned to me that, to use their music, I do not have to pay royalties, so long as the platform is free, as... View More
answered on Nov 12, 2020
This sounds like a situation where you will need to hire a lawyer. There are a lot of moving parts that need to be parsed out. You may want to look into getting a blanket license like many radio stations have.
Look into hiring a copyright lawyer that has experience with musicians and... View More
I have contacted the artist and would like to buy ownership of the artwork so that I can alter the image to my liking, patent it, and not have legal issues. How would I go about doing that? Would I even need to contact the artist and buy the design?
answered on Nov 12, 2020
It seems like you are wanting a licensing agreement that allows you to create a derivative work. Also, you would be looking to copyright and/or trademark the final logo, not patent it.
I would definitely recommend contacting an IP lawyer to help draft a licensing agreement as well as help... View More
I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.
answered on Nov 12, 2020
Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."
I would definitely suggest speaking with a trademark attorney to do... View More
I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.
Since... View More
answered on Nov 12, 2020
Hi there! It is great that you are thinking about IP protections from the very beginning.
From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the... View More
Or could I use the work crayon instead ?
answered on Nov 11, 2020
Hi there. The USPTO determines if marks are similar by the way they sound, not the way they are spelled. So, changing the C to a K would not make a difference.
You may be able to use the word crayon depending on the product. I highly suggest you call and speak to a licensed trademark... View More
answered on Nov 10, 2020
It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.
You should speak to a trademark attorney about your specific situation.
I want to use the initials GTFO.
answered on Nov 12, 2020
You may be able to, but you will want to do a thorough USPTO and common law search before doing so. Your best bet is to hire a trademark attorney to do the search and prepare a federal trademark application for you. Many of us offer affordable flat-fee trademark registration packages.
I want to use a picture from the internet.
answered on Nov 9, 2020
Hi there. Great question. It depends on a few things. Are you planning on making the mask for yourself or selling them? If you are selling them, then you will likely run into some trademark and/or copyright issues. However, you may be able to obtain a license to use the image.
You would... View More
I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?
answered on Nov 9, 2020
Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to... View More
Of course, drawings of the characters will be featured (looking how they do in the movies so you get the feeling you're really watching the show, but it's my own art, I'm not selling it, and VERY FEW people will see this, it's a private site, remember), so, despite this just... View More
answered on Nov 12, 2020
I somewhat disagree it the previous answer. This may fall under a fair use exception since you are not selling anything. In addition, you are drawing your own characters based off of others rather than using their copyrighted images.
It also depends on who will have access to the site.... View More
Well I sell makeup I just thought the name would be great fit ! What if I flip the C to a K or use the word crayon
answered on Nov 7, 2020
It depends on how you are wanting to use the word. Are you wanting to sell crayons under the name Crayola? That's definitely not allowed. However, there are many other ways that you could legally use the word Crayola depending on what you are trying to do or sell. Also, the protections here... View More
answered on Nov 9, 2020
As the previous answer stated, there is more information needed to give an exact answer. However, if you're asking if two brands with thee same name can exist, the answer is sometimes. Think of Delta Airlines and Delta faucets. They are allowed to both be trademarked because they sell... View More
They say I have to drop the name Diamond from my name because I am operating under their business name and they don't want any confusion because we both sell cosmetics, lip gloss, false eyelashes etc. I think it's bogus because "diamond" and "cosmetics" are common... View More
answered on Nov 9, 2020
As the others have noted, you have a priority claim for a certain geographic location, but unfortunately you may have to rebrand. This is why is it so important to do a trademark search and file for trademark registration when you start your business. The cost of a trademark registration is... View More
Received cease and desist letter via email
Nothing by mail
answered on Nov 3, 2020
Hi there. Unfortunately, there is not a simple yes or no answer to this question. You should definitely reach out to a licensed trademark attorney to help determine the best steps for you to take.
answered on Nov 3, 2020
Hi there. Thanks for submitting your question. However, there is not enough information to give an answer. I strongly recommend reaching out to a trademark attorney to help protect your brand. Many trademark attorneys offer free consultations.
Best of luck!
Dear Sir or Madam,
I'm an author of a children's book that was illustrated as "work for hire" by a freelancer. I got contacted by an author of another book who complains that I would be infringing her copyrights because my book has the same illustration style. The story... View More
answered on Nov 12, 2020
I agree with the previous answer but would like to add a few points. It may also depend on the contract that you both signed with the illustrator as well as what platform you used to find the illustrator. There may be terms of service that relate to IP rights.
Again, even if the other... View More
Hello!
I want to convert my marketing business into a nonprofit organization.
My mission is to utilize economic development to improve the conditions of local communities, creating successful small businesses that give back to the community.
That mission is obviously... View More
answered on Nov 3, 2020
Hi there! Great question. There are multiple ways that you can accomplish your goals. While being a non-profit does have a certain reputation, it also has several business and tax implications that need to be explored before making a final decision.
Another option is to use another... View More
Is "Wild Daisy Graphics" (my hopeful business name) a different trademark than "Wild Daisy"? I'm afraid that even if I get Wild Daisy Graphics trademarked, then someone can come along and trademark "Wild Daisy" and then claim infringement on me.
answered on Nov 3, 2020
There is not a simple a yes or no answer to that question. As the previous answer mentioned, there are a variety of factors that determine whether a mark is infringing or not. An important one to consider is the type of goods and services being sold in connection with the mark.
I would... View More
answered on Nov 3, 2020
There are several factors to consider before trying to register a "dead" mark. Depending on the goods or services you are selling, it may not matter at all. I would strongly suggest contacting a licensed trademark attorney to do a complete analysis.
Best of luck!
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.