Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Fritz-Howard Raymond Clapp
1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Hi - Could you tell me if a trademark on 87476609Registration #5716359HO'OPONOPONO covers wall art or acrylic
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 14, 2023

HO'OPONOPONO is a Hawaiian exercise for reconciliation and forgiveness. The current trademark registration 5716359 is for bracelets in International Class 014, which includes precious metals, jewelry, and watches. Use of the mark for acrylic paintings would not infringe this registration.... View More

2 Answers | Asked in Copyright, Gaming and Intellectual Property on
Q: Legality of releasing my song?

I have written a song which was inspired by a Sega video game from the 80's. The song's primary melody is based on certain one bar looping sound bites from this game, but the song structure and arrangement is 100% my own work, the drum part is 100% written by me, and the simple melodies... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 12, 2023

To the extent you have copied a bit of musical content from the game, it is minimal and your use is transformative therefore not an actionable infringement. If the remainder of your work is original, then you do not need to seek permission.

View More Answers

2 Answers | Asked in Trademark, Copyright and Intellectual Property for Colorado on
Q: Can I use shadow silhouettes of trademarked characters on the cover of an educational non-fiction book?

It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 10, 2023

This raises both copyright and trademark issues, but both bend in your favor.

The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,...
View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Iowa on
Q: Is it legal to use Marvel characters on a poster - and sell them?

Given the Marvel cinematic universe, I would create a comic book-style poster in both cinematic and chronological order. The posters would have the characters, quotes, and small details that can be seen in the movies - such as 'I am Iron Man', or the New Asgard town sign. The art style... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 8, 2023

This product is likely to be found infringing of Marvel's copyrights as well as trademarks. The characters are all protected by copyright, and most of them are trademarks as well. Compiling several of them adds fuel to the fire and shows predatory intent which could subject you to punitive damages.

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: In regards to sending work in for copyright registration

my question is if it’s a video do you submit the final edit or do you submit all the footage? For photos do you send the originals or the final edit? Thank you

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 7, 2023

When registering the copyright in a work, you submit a deposit copy of the work which is the "best edition", so that would be the final edit.

View More Answers

2 Answers | Asked in Trademark and Intellectual Property on
Q: is arka trademarked for use as aclothing brand

trying to make a clothing brand

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 7, 2023

There is currently no registration or application to register ARKA for apparel (International Class 025).

There are registrations for ARKA as used for candles, trucking, bicycle training wheels, processed seafood, and aerospace optical systems; and applications to register ARKA for beer,...
View More

View More Answers

2 Answers | Asked in Business Formation, Intellectual Property and Trademark on
Q: Hi - can use the name 971maggi for a restaurant?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 6, 2023

The surname MAGGI is an international brand of seasonings, soups and noodles, arguably a famous registered trademark now owned by Nestle, which is known for aggressively protecting its exclusive properties. Use of MAGGI in the field of food products or restaurants would most likely be challenged as... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property on
Q: What does the van cleef trademark 85630654 specifically prohibits me of selling?

I have an Etsy shop and van cleef took down some of my listings and I would like to know what should I avoid so they cannot IP strike me

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 4, 2023

The trademark to which you refer is a design, described in the registration as "a quatrefoil design with an outer edge that is beaded and an inner portion that is flat. The design also has four larger beads positioned at central points within it."

Apparently you used a design that...
View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If a company took a design that i didn't trademark and flipped it, could i still sue?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 3, 2023

If a trademark has been registered with the US Patent & Trademark Office, the owner may sue in federal court to enforce his exclusive rights. Trademark may also be registered at the state level to obtain exclusive rights in that state. The rights to use unregistered trademarks may be the... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 1, 2023

"Trademark" is a noun, not a verb. Trademarks may be REGISTERED (a verb).

Only a USER of a trademark may register it. The application to register a trademark requires submission of a specimen (proof) showing active use of the mark in commerce. The application may be granted only...
View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I'm a new writer and would like to name a character a name which Im not shur is taken. Any advice.

The name is (Space boy) was wondering if I could use it for my character story thanks.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 31, 2023

There are pending applications to register SPACEBOY as a trademark for comic books, online videos, and for a band.

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?

Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 31, 2023

Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Is The rowdy mermaid already a trademark name for a store front
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 29, 2023

ROWDY MERMAID has been registered for beverages, but not for retail services.

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Can I use my own registered trademarked logo within graphic artwork and if I do can it be modified in any way?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 27, 2023

You can use your own trademark on anything you want, but you should be consistent in its appearance to avoid "blurring" of its authenticity.

View More Answers

1 Answer | Asked in Copyright for Maine on
Q: I am writing a book...and was wondering if I could call if 'The Wheel of Retirement Fortune'...?

I would imagine 'Wheel of Fortune' is copywritten ...but if I interject 'Retirement' in the middle of it, shouldn't that be ok? Thanks

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 27, 2023

While it is true that WHEEL OF FORTUNE is a registered trademark for games, the proposed use of THE WHEEL OF RETIREMENT FORTUNE for a non-fiction book on a financial subject would not be infringing or likely to be confused with the games.

3 Answers | Asked in Trademark and Intellectual Property for Illinois on
Q: Owner of trademark serial 88010400. I’m the owner and would like to resume use of the trademark. What are my steps?

The trademark will be now online primarily. Owner currently resides in the state of Illinois

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 25, 2023

The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Can I sell a book ChatGPT wrote but is rewritten/paraphrased?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 11, 2023

Copyright in works generated with AI, and use of copyrighted materials in AI training are hot topics lately. The US Copyright Office has issued guidance on the subject which can be found here:

https://www.copyright.gov/ai/

The important legal point is that copyright registration...
View More

View More Answers

1 Answer | Asked in Copyright for Arkansas on
Q: Can I use a movie still on an Instagram post where I review and comment on the movie? Is this fair use?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Yes, it is fair use for the purpose of review & educational purposes.

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting

I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.

Form CO is used to register the copyright in both the source and object code when completed, and to...
View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright Infringement Question?

Hi There!

I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:

"This [site/newsletter] contains copyrighted material the use of which has not...
View 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.