Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Fritz-Howard Raymond Clapp
1 Answer | Asked in Trademark on
Q: Am I able to trademark my name?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 21, 2022

A person's name (or even nickname) can be a trademark for goods or services, if used with permission of the person, and may be registered with the US Patent & Trademark Office.

You must show how the name is used to identify the source of the goods or services in commerce....
Read more »

1 Answer | Asked in Copyright for Florida on
Q: Do I need permission to publish photos of the exterior of a business in a book of then and now photos

I am publishing a book of then and now photos. The "then" photos are public domain and some of the "now" photos contain the exteriors of a business shot from the street. Do I need permission from the business to publish the photo?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 15, 2022

You do not need permission from the business to take a photo from a publicly accessible location, and as the photographer you will own copyright in the photo with the right to publish it.

2 Answers | Asked in Trademark for Florida on
Q: Has this PresScents Trademark been abandoned? If so, what’s the cost to trademark the name with a different logo?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 12, 2022

There was an intent-to-use application to register PRESSCENTS, but it was abandoned in 2001 for failure to file the necessary documents. There does not appear to be a confusingly similar registration, so you would be likely to succeed. It is recommended that you obtain qualified trademark counsel... Read more »

View More Answers

1 Answer | Asked in Trademark on
Q: Regarding starting up a business under a name that is used by a business in another area of work

There is a magazine company using a name that I would like to use for my clothing brand (I must add that they have registered copyright over this name in the magazine sector but it has since been cancelled section 8). If I were to create a clothing brand under this name and potentially register... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 11, 2022

This is a trademark question, not a copyright question. If the magazine's trademark registration for printed matter has been canceled, and there is no other current user of the mark for apparel, then you may be able to use and register the mark for apparel. You should consult a qualified... Read more »

1 Answer | Asked in Probate for Illinois on
Q: My dad passed away without a will he was a famous photographer. Who would get his copy right me his daughter or my uncle

We are fighting over the copy right. I have his dna but he never knew me he was my dad. He was madly in love with my mother. My uncle and my mother have stated after dna test that he is my father… he lived in California. San Jose. Also who would get his life insurance?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 8, 2022

This is actually a probate question, not a copyright question. You should consult a probate attorney in California.

Without a will or trust, the law of "intestate succession" governs who inherits. California is a "community property" state., so all the decedent's...
Read more »

1 Answer | Asked in Trademark for Missouri on
Q: Am I allowed to use the phrase r.v there yet. On my r.v repair business sign? It has a copyright just not sure loophole

Can I get permission from them to use in a different font? For strictly my business sign highly doubtful but worth a shot?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 5, 2022

[This is a trademark question, not a copyright question.]

Good Sam Enterprises has a federal trademark registration for the mark RV THERE YET? used for an online journal & for newsletters. An application to register RV THERE YET RESORTS was refused registration as confusingly similar....
Read more »

1 Answer | Asked in Contracts and Copyright on
Q: Artist Work for Hire Copyright Question: Do Work for Hire contracts need to be professionally written?

I want to hire an artist to draw art for me. I plan on printing and selling this art. Legal contracts are very scary and long. Can I just write my own using plain English? Example: I write on a Word document or email "I pay artist to give me art. I will reprint and sell this art." Will... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 5, 2022

The agreement for a work-for-hire need not be elaborate. But it should be in writing, dated, and clearly state (1) what work is the subject, (2) the names of the artist and the hiring party, and (3) that the work is a "work for hire."

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: How do I trademark a phrase?

I have a phrase that I would like to trademark. How do I apply for a trademark?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 29, 2022

Many trademark are slogans or simple phrases, used to suggest properties of goods or services. If the proposed phrase is not confusingly similar to a mark already registered, and can be shown to be associated with your goods or services, it can probably be registered. Consult a competent... Read more »

1 Answer | Asked in Trademark for New York on
Q: I have a abandoned trademark because of a action notice. Can ya help me ? Also is it possible to update a trademark ?

When I say update trademark. like with a logo or design. No I never had a lawyer. I did the trademark on my own n I didn’t know what I was doing.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 29, 2022

Most likely the application was deemed abandoned for failure to respond to an Office Action within the required six months, and the Office Action was probably an initial refusal that could have been cured by an amendment to the application. The abandoned application cannot be revived, so you... Read more »

1 Answer | Asked in Copyright for Oklahoma on
Q: if I made a design while in a group, if I left the group would it still be considered my design or the groups?

I was in an online group for a project awhile back and in the group I made a character design. I’ve since left the group and was wondering if the design would legally be considered mine or the groups? There were no contracts involved, and the character design doesn’t belong to the group, it was... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 27, 2022

As the creator of an original work, you own copyright in the work unless there was an agreement that it was a "work for hire". There being no such agreement, you retain all rights in the work and should inform the group to that effect, and insist that your work not be included in the... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: I am a country musician planning a show named He-Haw. Is it too similar to Hee-Haw and in danger of trademark infringeme
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 26, 2022

HEE HAW was registered as a mark for entertainment services in 1992 and has been renewed. Your proposed mark would be considered infringing if used for similar services, and the minor difference in spelling is of no significance.

1 Answer | Asked in Trademark for Iowa on
Q: Does the descriptor in a name trademark matter in regards to confusion or conflict? Within the same TM class.

I would like to use Boundless* Wealth (Boundless is not the actual word*) in class 36 financial, insurance, wealth mgmt. There is 1 other trademark for nearly the same services: Boundless* Financial Group, 5 states away from us, no exclusivity claim to Financial & Group. Is this a conflict?... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 22, 2022

For federal trademark registrations, the existence of a registration for a very similar mark used for similar services will result in a refusal from the USPTO, regardless of whether the prior registrant and the applicant are in different states.

As you note, the portion of the mark that is...
Read more »

1 Answer | Asked in Trademark for New York on
Q: Are camera gear brands and clothing brands considered distinct enough industries in copyright law?

I am hoping to start a new clothing brand and would like to use the name "The Long Weekend" but in my research I came across a brand that sells camera bags and gear called "Long Weekend" who's logo has a registered trademark symbol. I have been trying to find a record of... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 21, 2022

A trademark registration for camera bags or equipment would be in Class 009, and apparel is in Class 025, so that is not a problem for you.

There are, however, two existing registrations for LIFE IS ONE LONG WEEKEND in Class 025, which may be considered as likely to be confused with THE...
Read more »

1 Answer | Asked in Trademark for Illinois on
Q: How can 2 lawyers from 2 law firms have "Lawyer Up" trademarked 9 years apart? Is it that one is state and one is broade
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 21, 2022

Trademarks are registered within classes of goods and services, and the same mark may be allowed to be registered in different classes if there is no likelihood of confusion.

LAWYER UP VIRGINIA (reg 6329342) is registered in Class 45 for attorney services. (The word VIRGINIA in this...
Read more »

1 Answer | Asked in Civil Litigation for California on
Q: In the state of California are judges required to instruct pro se litigants on the procedures for Summary Judgment?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 15, 2022

Pro se litigants must comply with the code of civil procedure and the rules of court, which are freely available. Judges may not give legal advice to any parties before them, and certainly are not required to give instruction on procedure. Motions for summary judgment are among the most... Read more »

2 Answers | Asked in Trademark for Florida on
Q: How can i start the process of registering my company brand?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 13, 2022

Consult a qualified trademark attorney to prepare and file an application for federal registration.

You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these...
Read more »

View More Answers

1 Answer | Asked in Copyright on
Q: Selling cover songs as a session singer

Hey evereyone.

I freelance as a session singer. I record vocals by demand, and send them to producers. It's always original work, so no copyright issues.

However, I've skipped alot of gigs where I was specifically asked to record a cover for an existing song, worrying... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Mar 29, 2022

Your reluctance to provide demos without copyright clearance is wise, and you should insist the would-be producer provide a written assurance that he/she will not distribute the demo and will indemnify you for any claim of copyright infringement. Be sure to label (or record as a preamble) the demo... Read more »

1 Answer | Asked in Trademark for District of Columbia on
Q: How could I request a refund for the transaction that did not take place?

We filed a patent application through a lawyer. The lawyer said it is suitable for the name we applied for. you can get this name. He said and we made the application. Then, 9 months later, the officer in the trade mark told us that 2 items were canceled due to name similarity with another company.... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Mar 29, 2022

The attorney should not have given unqualified assurance that the mark could be registered merely on the basis of an initial search. Applications to register trademarks are reviewed by a USPTO examining attorney about six months after submission, and in your case apparently the examining attorney... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Georgia on
Q: Game Copyrights, and Intellectual Property

I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Mar 28, 2022

The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then... Read more »

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.