I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?
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answered on Aug 6, 2019
"Taken" is not the issue for trademark conflicts. There are many marks that are the same as others. However, they are generally in different categories and have minimal or no overlapping customer bases. A trademark attorney can assist you in determining the chances of your mark becoming a... View More 
Would it be more likely or less likely to qualify as a fair use, if a History Club, that is part of a nonprofit educational institution, were to show historically based movies to club members and to have a history professor comment on and critique the accuracies and inaccuracies of the historical... View More
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answered on Jul 23, 2019
In a book review, the writer quotes brief passages of the book as a basis for making a comment. The writer does not reproduce the whole book and than make a comment.
Your question gives the impression that you want to show the whole film and then have a professor comment on and critique... View More
Do I need to obtain clearance if the work is mentioned verbally and not actually seen on screen?. For example, if I have a line from a popular musical. Another example would be if I just mention a Television channel, like National Geographic?
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answered on Jul 23, 2019
The copyright statute covers the form of expression in the work and not the ideas in it. Factual reference to an item is usually not infringement. However, it is difficult to tell what you mean by "verbally reference." Are you referring to the mention of a painting or are you repeating... View More
I seen 13 patents on your site stated Allen C. Thomas inventor of ,I own all rights due to inheritance
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answered on Jul 21, 2019
Further facts are needed to address this question. How do you know you inherited the patents? This cannot simply be assumed. Is there a will specifying that this property went to you? Did your father own the patent rights when he died? Who may have used the patent rights and when? Did this all... View More
Is contract legal?
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answered on Jul 19, 2019
As you will so often hear from attorneys on this forum, it is impossible to provide an answer regarding a contract sight unseen. However, the contract very well could be "legal." If you have any money at stake it might be penny wise and pound foolish to fail to consult an attorney.
Can I post other's online pictures and text from their scientific experiments to help sell my new products?
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answered on Jul 18, 2019
This is an open-ended question. In many cases using ideas from other publications is not copyright infringement. Using pictures and quotes could be. An interesting concept is that of getting permission from the author. This is not always difficult or expensive. Consulting an attorney could be a... View More
I also had the same brand name for pod cast
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answered on Jul 18, 2019
What do you mean by "have a brand name?" If you have a product or service you provide under the brand name there might be an issue to consider. If you happen to have a name that you wrote down and nobody else knows about it there might not be anything protectable there. You can usually... View More
Hi. I'm Alex. I will be brief. I develop a technology based on Artificial Intelligence which produces its own music in real time. The thing is that I teach MY system by using copyrighted music. Will I have any copyright infringement if I monetize the technology? Thanks.
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answered on Jul 18, 2019
As a generality, if you copy music and use it, it is copyright infringement whether or not you monetize it. There are exceptions for "fair use." However, those exceptions are much narrower than most copiers think they are.
Serious companies consider paying a license fee.... View More
I have never seen the type of pocket inside any journal/notebook before. Is it even patentable?
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answered on Jul 18, 2019
The patent statute allows patents for inventions that are new, useful, and non-obvious. There is excellent tutorial material at the Patent Office website, www.USPTO.gov.
My father was involved in patents and was not sure if the family is entitled to anything from them.
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answered on Jul 18, 2019
As your question indicates, the company had full ownership. Therefore, the inventor normally does not get any compensation based on royalties. Many universities have royalty sharing agreements with research and engineering staff. The vast majority of US companies do not.
The Idea would be to sell functioning wireless earbuds for cheap with my own brand and wording without any reference to Apple or their specific product (Airpods). Would there be any legal problems I could get into if I was sell these wireless earbuds on Amazon?
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answered on Jul 18, 2019
A common definition of trademark infringement is creating a likelihood of confusion in the marketplace as to the source of the goods. It would be necessary to look at the facts. It is probably a more difficult case if "look like" means direct copy.
My company (A) is about to go submit a service proposal to company B. What if Company C acquires Company B and then Company C does not want to continue with our existing contract with Comp. B? What clause can I put in my contract with Company B to protect my company from taking that loss?
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answered on Feb 2, 2018
Usually, company C takes company B subject to all its obligations, e.g., a contract with company A. One way to address this is by having your attorney address in the contract what happens if you get terminated without proper cause.
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answered on Jan 29, 2018
Justia has a lawyer directory that you can consult. I and many other lawyers do this kind of work. You should pick one you feel comfortable with.
pay in 3yrs@5%int.When I went2 open escrow he had changed 2 all money due @close which I don't have.What are my options?Your help is greatly appreciated.Thanks.
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answered on Jan 25, 2018
Your best option is to contact a business attorney. If you are paying $585,000, what makes you think that it is a good idea to do it yourself?
acquisition generally take?
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answered on Jan 15, 2018
A few weeks to a few years, depending on how complicated the business is, whether you are agreed on the price, whether licenses need to be transferred, whether you agree on future non-competition obligations, other business factors, and whether you have lawyers who focus on getting the deal closed.
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Good afternoon,
Please be advised that this firm has been retained by Joe Hand Promotions, Inc., the lawful owner of the copyright and the commercial distribution rights and public performance for the... View More
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answered on Jan 9, 2018
The question does not include the whole letter. Therefore, it is impossible to assess the situation. However, it appears that you might not have been sued yet. "What to do" is call an intellectual property lawyer who can seek to solve the problem. In many other cases, people unfamiliar... View More
bring the vehicle in but I got into an accident before I could. Will this affect my ability to file a claim against the vehicle manufacturer?
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answered on Dec 11, 2017
Call a contingency lawyer for a free evaluation. Stop posting details of your case on a public forum.
I am giving an engineer proprietary information and want my NDA to begin once our relationship ends. So if we work together for three years, the five year period starts at the end of our three years. If we work together for a month, it starts after that month. Etc.
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answered on Dec 8, 2017
Your objective is understood. It can be achieved. However, it looks like you want to give up confidentiality on all information generated during the relationship. Perhaps you may wish to consult counsel as to whether any other unintended consequences could result from the arrangement you... View More
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answered on Nov 27, 2017
Albert Einstein's image has been established as a protectable property. It is likely that a license would be required. The cost may fit within your margins and may make the game more desirable. One prudent course is to engage an attorney to contact the rights proprietor.
to be written into the acquisition paperwork?
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answered on Nov 27, 2017
There are many such instances. In some cases, the acquirer will not even buy the company unless the founder stays. Merely writing it into the paperwork does not mean that you will achieve your objectives. You need to have a detailed understanding with the acquirer. Just saying "running the... View More
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