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?
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 »
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 »
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 »
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?
[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 »
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 »
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."
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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