What you are describing is clearly copyright infringement, and your proposed fair use defense would not fly. The author has a pretty far-reaching right to control and profit from clearly derivative works like a recording of their writings. The law governing this is the same throughout the US....View More
Your trademark was abandoned in 2015, and it is too late to petition to revive it. You can, however, file a new application to register it, if you are still using the mark. Hopefully no one else has registered the same or similar mark for the same or similar goods in the past 6 years - a...View More
I own a small pressure washing buisness and I found a before and after picture of a house wash online. The image shows a house on the left side as dirty and then on the right side the same house but it’s clean after a washing. It’s a picture I used for my website and my postcards that I put on... View More
Based on your story, you don't appear to have explicit permission to use the photo, and may be infringing the photographer's copyright rights. Also based on your story, this photo is widely used and the photographer may not care, or may have intentionally placed the photo in the public...View More
We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.
This is the type of rejection that depends mostly upon how close your goods or services are to those of the registered mark holder. Depending upon the facts and circumstances, you may be able to overcome the rejection, or not. As the other attorneys said, pay close attention to deadlines, and the...View More
It's possible that you could snap up this trademark. You'll have a better chance if your description of goods or services is different from that of the previous trademark. Also check to see what similar marks are registered, such as "Wear your words," which might prevent you...View More
I am a freelance model , I post most of my work on my social media accounts and run that as my business page as well . For years small brands and large cooperations use and manipulate my images into business logos , promotional marketing and evening jewelry and interior design products . Can I... View More
You have copyright rights in photos and images that you have created, but not necessarily in images of you that others have created. Depending upon what exactly you created, and what the other people have done with those images, you may be entitled to damages for copyright infringement. The new...View More
You may be able to. It will depend on several factors, such as whether your description of services is the same or similar to TJE Logistics' description of services; and whether you or TJE Logistics may be required to disclaim certain words; and what other similar marks are registered or...View More
Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a...View More
lapsed due to non-payment of fees or failure to respond to the patent office, does the new filing have to answer claims made by previous, lapsed patents? Is the new filing beholding to the lapsed patents in any way?
If a patent or patent application has been abandoned, then you don't have to worry about infringing it - nothing you do now would infringe. If the abandonment happened recently, you'll want to figure out whether the applicant still has a chance to revive or appeal, and keep an eye on it....View More
Marvel Entertainment is aggressively policing this very quote using trademark law - they have several pending trademark applications using it. Marvel also successfully prevented someone else from registering the mark.
The conservative thing to do would be to forget it, or to ask Marvel...View More
I would like to reprint in a book I am writing a story story that has its first publication date November 26, 1920. The author passed away in 1923. Can I print a copy of this short story in my book without permission and therefore not be subject to any legal repercussions? Thank you.
I have been working for the same company for the past 17 years. Over that time I have developed several applications and databases to make both my and my coworkers jobs easier. These systems were mostly done without direction from management, who took a hands off approach to development, though a... View More
I agree with the other attorneys' answers. Further...
The upside may turn out to be that you get to keep your job if you sign the IP assignment. It's likely that you have no obligation to sign the assignment, if you don't mind losing your job. In my opinion, they...View More
I am wanting to sell a glow in the dark dog leash but there is a patent, however I have found various ones on Amazon infringing on the patent because they are not the same product just extremely similar so can I sale the leash myself?
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