Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Erik Špila
1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... View More

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

2 Answers | Asked in Patents (Intellectual Property) for Colorado on
Q: Is someone able to review my business idea to avoid a patent infringement?
Erik Špila
Erik Špila
answered on Dec 28, 2022

Yes, I highly recommend you to contact your local patent or IP law attorney to review it for potential infringement.

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: Can I reclaim my trademark Mamushka? It was declared dead in 2020. Do I just file new application if I have no grounds t
Erik Špila
Erik Špila
answered on Nov 30, 2022

You can file a new trademark application for a new trademark. Office will proceed with it as with a new trademark application.

1 Answer | Asked in Trademark on
Q: Me and partner are working on a product, and would love to work with Kabushiki Kaisha Shueisha Trademarks - Oscar
Erik Špila
Erik Špila
answered on Nov 22, 2022

Dear Oscar,

the only way to start working with company is to contact this company.

You can try it via email, phone or send them official letter with your portfolio and idea of future cooperation between you and the company.

I wish you a good luck

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How do I know if an item is trademarked?Am I allowed to use video footage from my competitions ads?
Erik Špila
Erik Špila
answered on Nov 22, 2022

If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.

1 Answer | Asked in Intellectual Property for Louisiana on
Q: I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property.

I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property. I have an android app which uses Dark Sky company's weather data by formal way (I make payment every month for using Dark Sky data). But the Dark Sky company is bought by Apple in 2020. My weather... View More

Erik Špila
Erik Špila
answered on Nov 11, 2022

Tis could be a very case sensitive situation and we would need more details about the case in order to advice more. I highly recommend you to seek an advice from a local intellectual property lawyer so she/he can go through your case in detail and can give you best possible solution for this... View More

1 Answer | Asked in Trademark for Florida on
Q: Could you trademark the word but with a different logo? Or use a variation (I.e. mountain bear farms)?

Question about “mountain bear” trademark

Erik Špila
Erik Špila
answered on Nov 2, 2022

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

1 Answer | Asked in Intellectual Property for Florida on
Q: I'm a designer who works for a firm and does freelance on the side.

I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... View More

Erik Špila
Erik Špila
answered on Oct 28, 2022

Dear Mrs or Mr,

this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and...
View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Is this a complete list of patent applications for brass trumpet mouthpieces
Erik Špila
Erik Špila
answered on Oct 26, 2022

Definitely advice you to check your question with professional patent attorney in your area. He can perform qualified research and you will minimalize the risk.

View More Answers

1 Answer | Asked in Trademark for New York on
Q: If a trademark is live but has no date of publication - can I file for trademark under same class?

My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with... View More

Erik Špila
Erik Špila
answered on Oct 25, 2022

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: Can I create a new product using a patented logo?
Erik Špila
Erik Špila
answered on Oct 16, 2022

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... View More

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I use the New Yorker logo on top of an original design on clothes to sell on Etsy? Other well known names?

What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.

Erik Špila
Erik Špila
answered on Oct 12, 2022

These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.

In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in...
View More

1 Answer | Asked in Trademark on
Q: Usage of term "Minecraft"

Good morning. Is it legal to use term "Minecraft" in notebook title description (I don't print this word in notebook cover)? I have made a research and I couldn't find any restrictions in usage of that term in notebooks.

Regards,

Erik Špila
Erik Špila
answered on Oct 12, 2022

Well the term "Minecraft" is a trademark in many countries and also a copyright is in question. However I am not really sure if I understand your question correctly. What exact type of usage it would be? Will you sell something with using this? I am not able to advice further without more... View More

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If I upload a song and don't register copyright within 90 days, can I get royalties if someone records it & makes money

I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.

Erik Špila
Erik Špila
answered on Oct 12, 2022

Basic answer would be Yes, you can, as the copyright arises upon creation of the work. However there are some pros of registration of copyright in the U.S. or other few countries. You should seek intellectual property attorney to get the most efficient option for your situation.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: How can the discovery of a novel compound from medicinal plant be protected by patent?

Novel compounds were isolated, characterized and elucidated from a traditional herbal medicinal product that had been in use for centuries by folk medicine practitioners. Is it possible to file a patent on this?

Erik Špila
Erik Špila
answered on Oct 12, 2022

This is a very difficult to answer just based on the information you have provided. I advice you to seek qualified patent attorney in your region/city so he can guide you through the whole process and discuss you with your options.

1 Answer | Asked in Copyright, Intellectual Property and International Law on
Q: I posted a digital artwork on Instagram 2 years ago, and someone listed and sold it on OpenSea (NFT marketplace)

they have generated over $25,053.21 in total volume; I have also submitted a report to OpenSea and have yet to receive a response from them, can I take legal action on this matter? or any form of compensation

Erik Špila
Erik Špila
answered on Oct 12, 2022

This case can be very specific and I highly recommend you to contact a local intellectual property attorney who can advice you on this and handle your case properly. She/He can also provide you with your options, costs and so on.

I wish you a good luck with your case.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... View More

Erik Špila
Erik Špila
answered on Oct 12, 2022

I would like to add to the answer from the colleague, that sometimes and in some jurisdiction it can also be efficient to register the cartoon character as an industrial design. Contacting qualified intellectual property expert in the area in which you would like to use/trade under this character... View More

View More Answers

2 Answers | Asked in Intellectual Property for California on
Q: I am a music artist who perform since 2017 and have my nickname since i'm a child Blactina and a brand take my name !

On their file it say

"Name/Portrait Description and/or Consent StatementThe name "BLACTINA" does not identify a living individual"

I am a living individual who is indentify as BLACTINA

There is an issue

Erik Špila
Erik Špila
answered on Oct 12, 2022

Hi Blactina, there are surely a few things you can do in this case, however you should seek advice from a local intellectual property attorney to whom you should provide more information.

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: I plan to register a copyright for a book in the name of an LLC I recently formed. Is there any downside to this?

The LLC will be listed as the copyright claimant and the author of the work. Thanks in advance!

Erik Špila
Erik Špila
answered on Oct 5, 2022

If the executive director of the company changes, he can decide to transfer it to someone else. However, in most of the jurisdiction the legal person can not be an author, so you should check whether it is possible or not, as there is an assumption that even though company can own the rights to the... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

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.