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Questions Answered by Erik Špila
1 Answer | Asked in Trademark on
Q: We are making a Christmas tree ornament in the shape of the Grinch and giving it away to employees. Is that okay?

We are making a circuit board (PCB) in the shape of the Grinch and giving it away to employees as a Christmas tree ornament. is it legal to give them away? is it still legal to charge a fee for employees who would want more than one?

Thank you

Andre

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there Andre,

to precisely answer your question it would be necessary to perform some trademark and design clearance search. However trademark purpose is to distinguish the goods or services of one business from another business entity. So if the shape of Grinch is trademark or it is...
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1 Answer | Asked in Trademark for Missouri on
Q: does a trademark on "EXTRA THANKFUL THIS YEAR" mean that I can not print the phrase in large print on a shirt?

I'm under the impression that trademarks are for business recognition so that "Extra thankful this year" trademarked would protect this as say a business slogan similar to "just do it". It would seem that I can still print "Extra thankful this year" as a baby... View More

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there!

Yes, you are free to use, print for your personal use the mentioned slogan.

What is actually prohibited when it comes to trademark is the use of trademark in business in protected jurisdiction territory for protected goods or services.

If you have any...
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1 Answer | Asked in Copyright for Arizona on
Q: Is it copyright infringement if my site is designed so users can find the brands in the photos used? Like a search engin

I have created a search engine for users to find coaches, mentors and course creators.

Currently I find the course creator and then create a profile for them that becomes searchable on the site. The profile has a featured image and main image that are both used from that creators Facebook... View More

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there dear Mrs or Mrs,

in this particular case I would say it can be potential copyright infringement and also some other rights infringement.

At first these unless these people grant you permission to be publicly visible on your website, you do not have proper consent to...
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1 Answer | Asked in Copyright and Business Law for Arizona on
Q: Are jokes copyrighted? LIke for example Dad jokes can you sell merchandise with a dad or any kind of jokes?
Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there!

The answer for your question depends on some other things, but in general I would say there are many public domain jokes which can be freely used and are freely used by many people, many products and so on (if the joke slogan is not trademarked for instance).

There is...
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1 Answer | Asked in Copyright for Arizona on
Q: Can I use other people's photos and slides freely in a movie?

I have an idea for a low budget film where an elderly character is reminiscing about his younger days while looking at some slides or pictures. To save from having to do recreations, I am finding suitable material on eBay. Slides and pics from the 50s-70s mainly. It seems these pics are being... View More

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there,

it seems like there qre many question marks and many questions to be answered first before we can advice you accordingly and precisely.

So to summarize you do not know if these pictures are from who shot them.

According to my jurisdiction if you bought frame...
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1 Answer | Asked in Copyright and Intellectual Property for Arizona on
Q: Can I mention by name famous artists in a picture book I have written?

My book includes Monet, Van Gogh, O'Keefe, Caulder and Michelangelo. Am I allowed to use their names and likenesses of their works in my book?

Erik Špila
Erik Špila
answered on Aug 20, 2022

Yes, you are free to use their names and likenesses of their works. There is no copyright or other related infringment in such action. Actually many book authors across the world do it in their own works about these artists. I hope it answers your question.

2 Answers | Asked in Trademark for Florida on
Q: How long does trademarks last? I filed last year and lawyer is asking to renew under declaration section 8.

Dont they last 10 years? 1 year seems too little to be already paying for renewal

Erik Špila
Erik Špila
answered on Aug 21, 2022

I just would like to add that some countries may have less than 10 years period of trademark validity. But the general "default" trademark validity period is 10 years with option to renew it for another 10 year period. You can renew it indefinitely as long as you do not miss the renewing... View More

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2 Answers | Asked in Copyright, Business Formation and Patents (Intellectual Property) for South Carolina on
Q: I am looking to start a business using a game that some friends of mine and I came up with.

We want to protect our game and not sure what the process is to patent and bring our new game to market with our new business.

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

it depends on type of game you are going to create and make business with. If its board game or PC/console game, different type of strategies of legal protection can be applied. Therefore I would need more details to advice you better and more precisely on this.

I...
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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: How can I protect my ideas from being stolen while looking for funding and investors with no money for a patent?

I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... View More

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

I would also recommend signing NDA (non-disclosure agreement) everytime you are consulting with investors about your invention. This will give you more safety for your invention for the future.

Every serious investors should accept that and sign such agreement....
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