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Questions Answered by Sheldon Starke
2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: In the USA, is it copyrighright infringement to download an image for private offline viewing without sharing?
Sheldon Starke
Sheldon Starke
answered on Jan 22, 2024

Once you download something in your computer, you are committing copyright infringement. IP has no tails you can borrow except for a copyright defense of fair use . . . I would not like to rely upon defenses in the law. The trouble with copyright infringement is that in order to avoid that you... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Sheldon Starke
Sheldon Starke
answered on Jan 22, 2024

Thank you for asking this interesting question on JUSTIA. You need a consultation with a lawyer before you try to cover all this in advance. TM Law is too highly fact bound and less or more will be required by that conversation . . . that is the full truth. Call a trademark attorney asap. Get a... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

Sheldon Starke
Sheldon Starke
answered on Jan 16, 2024

Privacy laws are generally determined on a state-by-state basis. However there are a number of federal laws involved in the subject matter. You also need those of us who are experienced in government because it is not clear exactly what the nature of your discoveries are or who they involve. There... View More

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2 Answers | Asked in Contracts, Civil Litigation, Intellectual Property, Internet Law and Consumer Law for California on
Q: I'm seeking low cost legal advice about a possible case, that affects many people. consumer/contract/loss

I'm seeking low cost legal advice about a possible case, i don't know what area of law would be applicable.

a game people bought and paid for has been damaged by the IP holder, some people who bought it are unable to play it on the system they redeemed after an update. as in... View More

Sheldon Starke
Sheldon Starke
answered on Jan 14, 2024

Please allow me to give you a very practical answer to this and it just does not apply to this question but to almost any time you may decide you want to sue someone or some business. Everything is a question of risk. If you're investment this thousands of dollars then this is a question... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

Sheldon Starke
Sheldon Starke
answered on Jan 12, 2024

Honestly, this is work. This falls under the category of business. You can still find highly rated and experienced attorneys who do entertainment law here on Justia. Look for attorneys in smaller areas, still Metropolitan areas, where the cost of living is not so high. You get more for your... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Sheldon Starke
Sheldon Starke
answered on Jan 9, 2024

Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More

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1 Answer | Asked in Contracts and Entertainment / Sports for Maryland on
Q: What If I Compleated My Music Contract And The Old Company Saying I'm Still Under Them

Have multiple Witnesses That Got The Same Contract Out Of 30 Artist Under The Label I'm The Only One Dealing With This

Sheldon Starke
Sheldon Starke
answered on Jan 24, 2024

It is absolutely impossible to answer your question as much as i'd really like to. This happens time and time again and everything depends upon an entertainment lawyer reviewing the agreement. We have so much experience and there are so many moves to make that you really need professional... View More

2 Answers | Asked in Business Law, Contracts, Copyright and Intellectual Property for Alabama on
Q: Does creating my work in a non-commercial use app, then same in commercial one violate terms of service of the first?

Say I decide to write a story or draw a picture I own the copyright to in a non-commercial use only app. Later, I decide I want to use my work for commercial use so I recreate the same work in another commercial use app. Does this violate the terms of use of the non-commercial use app? Would it be... View More

Sheldon Starke
Sheldon Starke
answered on Jan 23, 2024

I am very sorry about your predicament but want to tell you that regardless of the terms, It makes no difference. The people who run the site make the rules. No way for us to tell.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Wisconsin on
Q: I would like to develop a product for Spirit airline only using their logo/trademark. Do I need written permission?
Sheldon Starke
Sheldon Starke
answered on Jan 20, 2024

I'm sorry but your question is not clear because you wrote about the TM then developing a product? I suggest you talk to an IP attorney and not put your info online.

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2 Answers | Asked in Arbitration / Mediation Law and Divorce for New Mexico on
Q: I had to be co-hirer for arbitration company. After completion I discovered a 3rd party was involved . Is that legal?

The arbitration person never informed me that the opposing side had a third person involved! Should the arbitration be declared illegal??

Sheldon Starke
Sheldon Starke
answered on Jan 18, 2024

You are asking a question that actually cannot be answered without sufficiently looking at the particular rules involved. Generally speaking if it is not material or does not materialy influence the outcome, it may or may not be important.

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1 Answer | Asked in Arbitration / Mediation Law, Business Law and Contracts for New Jersey on
Q: I purchased a 1 year subscription for an internet search application for my consulting business for $2,900.00.

When contacted about a renewal I said I would not renew then, but possibly later in the year. The company then offered a discount which I still refused. I was then sent a renewal invoice which I contacted them to try to straighten it out. In response, they have sent that invoice to a collection... View More

Sheldon Starke
Sheldon Starke
answered on Jan 15, 2024

This really amounts to a small claim and I would not be worried about it and would print out the information that you sent prior to 60 days and my guess is they will do absolutely nothing about it.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Can titles be both copyright and trademark?

Haley album titled called "if I can't have love, I want power " would this title be ok to mention as just words and not at all the songs in a published story or is it to unique and falls under copyright?

Also why are titles typically not copyrighted?

Sheldon Starke
Sheldon Starke
answered on Jan 15, 2024

It's OK the long and short about discussing things in writing is that happened historically, is that if you are writing, it is yours to write about basically as long as you are accurate.

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Why would my trademark attorney register my trademark under her name! I’m literally just finding out
Sheldon Starke
Sheldon Starke
answered on Jan 14, 2024

Generally trademarks are filed the name of the user or in the user's personal name if they are going to have a company that is using the mark but haven't created a company yet.

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3 Answers | Asked in Trademark and Intellectual Property on
Q: Am i allowed to trademark the name "Lloyd Edward"

I am hoping to use the name for a clothing brand.

Sheldon Starke
Sheldon Starke
answered on Jan 13, 2024

What you're asking for is a legal opinion and I'm afraid that you cannot get it on this site you can only get it through a relationship with an attorney. That requires talent experience and research. It's the only way to roll with Trademark Law. Good luck.

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2 Answers | Asked in Entertainment / Sports, Gaming, Intellectual Property, Internet Law and Copyright for Texas on
Q: Can I create content using a known superhero's cowl and just the cowl and escape copyright infringement and the such?

Long story short I want to create youtube videos of RANDOM and just RANDOM content while using ex: Flash cowl. Just the top part of the mask not even the one that covers the whole face. I will use a different name, and although use some mannerisms, it will be obvious it is pure satire/parody. I got... View More

Sheldon Starke
Sheldon Starke
answered on Jan 10, 2024

Look, the information that we give you here is just that it is information and no way is it legal advice. You cannot take a piece of a product that has been and is the property of a large company and expect to get away without a problem; it doesn't happen.

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2 Answers | Asked in Contracts and Entertainment / Sports for North Carolina on
Q: I was offered a contract for 55,000$ to sign my royalties over and I believe I am being lowballed
Sheldon Starke
Sheldon Starke
answered on Jan 10, 2024

Ok. You need an entertainment attorney who can understand your situation after a thorough consultation and assist you. Good luck to you

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have a question regarding copyright infringement.

I own a set of original 35MM photograph slides, which I want to put into a book to self-publish and reproduce. Since I am not the original owner of these slides, do I have the right to fully use them to my advantage?

The slides I bought were from online auctions, which originated from... View More

Sheldon Starke
Sheldon Starke
answered on Jan 10, 2024

This is always a problem with things that you buy and don't own the rights to copies. You're asking what is called the blind question it really cannot be answered. Whenever you take something, and you were smart to ask, there may be tails so I would avoid it when you can.

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2 Answers | Asked in Trademark, Copyright and Intellectual Property on
Q: Is motorcycle helmet shape (design) trademarked?

Receive a photo from my customers (A picture of them wearing a helmet), and trun it into illustration, then print it on hoodie, t-shirt, etc

The question is the helmet trademarked/copyrighted

Sheldon Starke
Sheldon Starke
answered on Jan 9, 2024

You are asking a question in a vacuum. One major problem with the intellectual property business is it is a Show and Tell. We cannot know what you are referring to. So sorry.

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringe

If I used synths and the background Melodie’s and the same arrangement. The lyrics and singer is completely different.

Sheldon Starke
Sheldon Starke
answered on Jan 9, 2024

If I took aspects of a smaller artist work to incorporate in my own song, could I be found guilty of copyright infringement. The answer is yes you can be. Best of luck to you. Meld your own creativity!

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