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Questions Answered by Robert Kost
1 Answer | Asked in Contracts, Business Law, Intellectual Property and Trademark for New Jersey on
Q: I am a wellness consulting company and I would like to know what are the basic terms outlined in a business contract?

I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!

Robert Kost
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Robert Kost
answered on May 2, 2022

You can begin to understand the basic components of a contract here:

https://www.contractstandards.com/public#contracts

Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and...
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1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: After a quote has been received and accepted, can a subsequent invoice be created and charged for a different item?
Robert Kost
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Robert Kost
answered on Feb 10, 2022

I'm sorry: this question can't be answered as asked. Lots more detail and context is necessary. The question needs careful deconstruction. If this is an actual situation you are facing, and you are asking for specific advice, you should talk with an attorney. Good luck.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
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Robert Kost
answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

2 Answers | Asked in Trademark for Virginia on
Q: Can I still use the name My Wonderpaw if there is a trademark on Wonderpaw in the same industry?
Robert Kost
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Robert Kost
answered on Jan 13, 2022

In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2

* Are your goods/services in the same class as the...
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2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Does a PA (USA) Sole Proprietorship have to file DBAs for other states and Foreign Countries?

Background: I am going to see life coaching clients from all over the USA/world by online teleconferencing software.

Do I need to file DBAs for each USA States and Foreign Country when I encounter a new client from a new country/USA state?

Robert Kost
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Robert Kost
answered on Jan 3, 2022

Assuming you will be 'headquartered' and conducting business in PA from a teleconference originating in PA, I believe the answer is "no."

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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: What are guide questions to see whether a fictional character is too similar to another real or fictional character

I have characters with varying levels of similarity to other people. I’d like a rule/s to go by in case I make more, as well. I believe Tradmark and Copyright come into play, but there may be more.

Robert Kost
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Robert Kost
answered on Dec 31, 2021

It will be impossible to answer your question without specifics. In copyright, there would be two issues: 1) whether the character(s) you are copying are copyrightable (this will depend on how well delineated the character is and how central to the story they are) and 2) whether your characters... Read more »

1 Answer | Asked in Copyright on
Q: Can I patent a geometrical theorum?
Robert Kost
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Robert Kost
answered on Dec 30, 2021

Absent some specific, embodied, useful application of the theorem to the solution of a problem, no.

2 Answers | Asked in Copyright for Florida on
Q: If I paint a picture that I see on Instagram from Someone’s personal Instagram page is that infringing on any copyright

For example if I am on Instagram and I see a handsome man or beautiful woman and I paint that man or woman as close as I can to the original in a totally different setting and then sell that painting can I be Infringing on any copyright laws.

Robert Kost
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Robert Kost
answered on Dec 28, 2021

Yes, it's possible that your paintings might infringe the copyright of the person who owns the copyright in the photo. It depends on whether your image is "substantially similar" to the photos. From the sound of it, it is your intent to paint the image as similar as possible to the original.

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1 Answer | Asked in Copyright, Products Liability, Internet Law and Trademark on
Q: Game name: SEABORG but Seaborg trademark is already claimed. Is it possible for me to publish the game under same name?
Robert Kost
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Robert Kost
answered on Dec 27, 2021

It all depends on what classification(s) the other "Seaborg" names are registered under. Just as there is an "Apple Bank" and an "Apple Computer", the Seaborg mark may be available for your game. You should hire an attorney to help you dig into this. Good luck!

2 Answers | Asked in Trademark for New Jersey on
Q: Is there a way to get in touch with and purchase rights to a trademarked image?
Robert Kost
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Robert Kost
answered on Dec 22, 2021

Yes.

The US Patent & Trademark Office website (uspto.gov) enables you to find the current owner of the mark.

Consider whether you really want to negotiate directly. There are good reasons to have a lawyer act as your intermediary, in addition to the fact that he or she will...
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2 Answers | Asked in Trademark for North Carolina on
Q: Is this domain name similar enough to an existing domain name trademark to be considered infringement?

Details removed based on feedback.

Robert Kost
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Robert Kost
answered on Dec 16, 2021

Here are two reasons it is in your interest that this question not be answered in this forum:

1. You really don't want to analyze and deliberate in public, let alone convey your concerns and intent where a potential plaintiff might see them.

2. The question is not only a...
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1 Answer | Asked in Copyright for Florida on
Q: If you pay someone to create artwork, but they, unknowingly to you, traced over copyrighted artwork, who is at fault?

The artwork would be used in a commercial game. The artist would be paid to create original artwork on a website like upwork or fiverr.

Robert Kost
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Robert Kost
answered on Dec 14, 2021

Potentially both of you would be on the hook - copyright law doesn't require that you intend to infringe. You discuss particulars with an attorney.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: This is regarding a business contract I have with an electronic signature company regarding records.

without a court order nor my permission who has the legal right to contact and receive the records that were signed and uploaded to the electronic signature company software. Please remember I am the client who has the contract with this company. A third party signed a contract and is attempting... Read more »

Robert Kost
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Robert Kost
answered on Dec 13, 2021

What does your contract with the electronic signature company say? What do you mean when you say "attempting to obtain"? Subpoena? I'm not sure what the detective has to do with it.

This question is difficult to answer as stated. It would be best to obtain advice of counsel.

Good luck.

2 Answers | Asked in Copyright and Intellectual Property for District of Columbia on
Q: If I wanted to protect a product line concept - a series of food themed t shirts for example - what are my best options?

My concern is that once they hit the market the concept could be easily reproduced

Robert Kost
PREMIUM
Robert Kost
answered on Dec 6, 2021

Your concern is well-founded. There's no protecting the idea of food themed tee shirts or any other kinds of articles.

On the other hand, specific designs or renderings of food pictures may indeed be protect-able. And, you may want to consider giving the shirts a name that could be...
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2 Answers | Asked in Copyright for New York on
Q: Are you allowed to use photos of other brands product on your website if you are just using it for reference?

This would be to show brands that a service offerings works with, not product it sells.

Robert Kost
PREMIUM
Robert Kost
answered on Dec 3, 2021

Are you doing the photography, or using someone else's photographs? If the latter, you will probably need permission from the photographer / owner of the photos.

If the former, there *may* be a copyright issue if the product being photographed is itself a graphic work, work of...
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2 Answers | Asked in Trademark and Copyright for Georgia on
Q: What is the cost for trademarking one class service and one mark. This is for a software company.

What is the cost for trademarking one class service and one mark. This is for a software company.

Robert Kost
PREMIUM
Robert Kost
answered on Dec 3, 2021

Trademark Office fees will probably be either $350 or $250, depending on how you file. But there may be other fees, including lawyer's fees for doing the assessment, search and filing work. Best to consult an attorney.

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2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Robert Kost
PREMIUM
Robert Kost
answered on Nov 30, 2021

Your question is now very specific and disclosed in public. There is no way to offer general guidance. As Attorney Garciaacosta suggested, your questions should now be addressed to an attorney.

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1 Answer | Asked in Copyright for Pennsylvania on
Q: I have a copyright on a curriculum I co-authored. I need to create a non-exclusive licensing agreement. What do I do?
Robert Kost
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Robert Kost
answered on Nov 30, 2021

First, you should consider registering the curriculum with the Copyright Office -- there are a number of benefits to doing so.

A license is a kind of legal contract. You can find forms for non-exclusive licenses to copyrighted works online. But to make sure it serves your specific...
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2 Answers | Asked in Copyright for Pennsylvania on
Q: How do I create a non-exclusive license for my copyright? Do I need to report it to the copyright office?

An organization wants to use the curriculum I co-authored.

Robert Kost
PREMIUM
Robert Kost
answered on Nov 30, 2021

Think about registering your copyright on the curriculum with the Copyright Office. It provides a number of benefits:

* Statutory damages if your work is infringed

* Presumption of valid ownership.

* Import protection

* Creates a searchable public record (for others...
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2 Answers | Asked in Copyright for Florida on
Q: Hi, I’m currently making a collection of NFTs (Non-Fungible Tokens) based on Nike’s popular line of Jordan and dunk.

The NFTs are going to be cartoon recreations /drawings of the Jordan and Dunk silhouettes. I was wondering if publishing and selling these would be legal.

Robert Kost
PREMIUM
Robert Kost
answered on Nov 29, 2021

I would suggest that the question is not so much whether publishing and selling the NFTs is "legal," but whether Nike can and would assert their legal rights (trademark and copyright rights) against you for doing so. The answer is probably "yes" to both.

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