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Questions Answered by Allison Higgins
1 Answer | Asked in Copyright for Missouri on
Q: Is there a patent for a piece of material that covers the top of the zipper to protect the zipper from poking upwards?
Allison Higgins
Allison Higgins
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.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Business Law for Florida on
Q: Is it true that I don't need permission to use a song in my streaming service if it's free (and I make money from ads)

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

Allison Higgins
Allison Higgins
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...
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1 Answer | Asked in Copyright for New York on
Q: Hi! I'm starting a business and have been working on a logo. I found art that I would like to reference for it.

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?

Allison Higgins
Allison Higgins
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...
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1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: If "vols" is trademarked by UTK, as a word mark, is it legal for me to have that in a company name without UTKpermission

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.

Allison Higgins
Allison Higgins
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...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

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

Allison Higgins
Allison Higgins
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...
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1 Answer | Asked in Copyright for Texas on
Q: I was launching a business and had included the name Crayola not knowing it was trade marked could I flip the c to a k ?

Or could I use the work crayon instead ?

Allison Higgins
Allison Higgins
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...
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1 Answer | Asked in Trademark for Texas on
Q: Is the word Krayola Trademarked
Allison Higgins
Allison Higgins
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.

2 Answers | Asked in Business Formation and Copyright for Michigan on
Q: I want to make a baseball hat with these same initials. Can I do that?

I want to use the initials GTFO.

Allison Higgins
Allison Higgins
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.

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1 Answer | Asked in Copyright and Intellectual Property on
Q: I want to print a design of a videogame onto a face mask. What about copyright? Can I use that picture on the mask?

I want to use a picture from the internet.

Allison Higgins
Allison Higgins
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...
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1 Answer | Asked in Copyright, Business Formation and Business Law for Texas on
Q: I have celebrities on my clothing brand. could I get sued?

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?

Allison Higgins
Allison Higgins
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

2 Answers | Asked in Copyright for California on
Q: I'm making a series featuring some Disney Pixar characters, and I want to host a private website to show off my ideas.

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

Allison Higgins
Allison Higgins
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....
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2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: Can I not use the word Crayola?

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

Allison Higgins
Allison Higgins
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

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2 Answers | Asked in Trademark on
Q: hello! L3 is trademarked in full or other word combinations can be used. Like example l3 shop , l3 news, l3 business
Allison Higgins
Allison Higgins
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

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3 Answers | Asked in Trademark for Florida on
Q: A trademarked company named Diamond Cosmetics demands that I change my business name.

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

Allison Higgins
Allison Higgins
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

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1 Answer | Asked in Trademark for Alabama on
Q: If someone else trademarked my business name do I have any rights? Incorporated 2017. Trademarked 2019 by this person

Received cease and desist letter via email

Nothing by mail

Allison Higgins
Allison Higgins
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.

1 Answer | Asked in Business Formation, Copyright, Intellectual Property and Trademark on
Q: Does our company logo and name intervene with the trademark and copyright of stance socks?
Allison Higgins
Allison Higgins
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!

2 Answers | Asked in Copyright for New York on
Q: Can usage of the same illustrator for a book of a similar topic be considered a copyright infringement?

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

Allison Higgins
Allison Higgins
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...
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2 Answers | Asked in Consumer Law, Business Formation and Business Law for Texas on
Q: Do I need to incorporate as a nonprofit to market my business as one when I won't be accepting donations or grants?

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

Allison Higgins
Allison Higgins
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...
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2 Answers | Asked in Trademark for New Mexico on
Q: Can someone trademark a phrase that is within my longer trademark?

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.

Allison Higgins
Allison Higgins
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...
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2 Answers | Asked in Trademark for New York on
Q: Can I pickup thus trademark if it’s dead
Allison Higgins
Allison Higgins
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!

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