My business name was published as of April 2020 but now I have finally designed the actual logo with pictures and the business name. Can I request modification of my trademark to now include the design? Is that considered a section7 filing?
You might want to register just the logo without the words, as you already have the words covered. This way, by dividing the mark into its parts, you will have more flexibility in how you display the mark(s).
It is not clear from your question exactly what mark you would like to register as a trademark with the USPTO. If the mark will be associated as the source of the goods or services being offered, then it may qualify for registration provide you meet some other requirements.
I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... Read more »
I make short videos on YouTube about Classic Hollywood stars (1920's-1940's) and my videos are under fair use for educational purposes. I don't monetize from them. But, I had considered selling merchandise to make a small profit to donate to museums and historical societies that... Read more »
Many interesting questions. Let's see if I can provide information concerning each.
First, just because you cannot find who owns the copyright in a work does not mean you can use it without permission. You may have to dig deeper to find out who owns the rights. One place you might...Read more »
You may be able to create the LLC with your son as the sole member. However, if he is a minor, he is not capable of entering into contracts or be able to act as an "Organizer", the person who files the paperwork in Maryland to create the LLC. There will be other issues to consider...Read more »
It is not clear from what you write whether you have need of a patent or a copyright attorney. In either case, having someone else work on the project could mean they end up with the IP rights. So before you go further, do find an IP attorney who can assess what has been done and what needs to be...Read more »
I’m writing a YouTube episodic and wanted to use a few actual news broadcasts in the promo trailer. The show is a work of entirely fiction just loosely based on real life. I would be using less than 30 seconds of each broadcast.
The news broadcast itself is protected by copyright. You would need to get the permission of the owner of the copyright in the broadcast. You may be able to negotiate a licensed use for your fictional work. Best to work through a copyright counsel.
From your description as to what you want to do, it sounds like you would be creating a derivative work based on the copyright protected work. To do so without being liable for infringement, you would need a license from whomever now owns the rights in Mr. Campbell's works. That is not to...Read more »
While I agree with Mr. Brooks about your right to notify the ISP and request the take-down, I am not sure, from what you write, that you own all of the rights in the beat that you remade. If your work was based on someone else's music, then what you created was a derivative work, and without...Read more »
I'm working with a team of volunteers on an unpaid passion project. One of those volunteers did a lot of artwork for us and gave us permission to use it. Now, about 9 months later, he is telling us that he wants all his artwork taken out of the project and completely redone. This puts a... Read more »
There may be grounds to argue that from his behavior he granted an "implied" license. The difficult question is to figure out the scope of the license, meaning the terms of the license. Best to work with a copyright attorney to see where the balance can be drawn. If there was a...Read more »
In the forming of an LLC, the OA stated the shares are valued at 1% for $300. One member was supposed to pay $15,300 for 51% and the other member $14,700 for 49%. BUT each submitted $15,000 cashier checks. Is it still 51%\49% or is it 50-50 by default?
The amount of money one contributes to a business startup does not determine the relative share of ownership by the investors. There can be other factors considered, such as time spent on project, know how, which can weigh into the computation. If you have any questions about fairness at this...Read more »
I have already asked for permission from Hasbro but they said they can't as there's too many requests and they can't accept minor requests. I won't be making any profit off this and it's for none commercial use and will only be done once. seller is only profiting from... Read more »
While what you propose is a copyright infringement, the likelihood of Hasbro going after you is low. Provided it is as you say, a one-off, not posted on social or other media, but simply made for your personal use, the de minimis effect would likely weigh in your favor as for Hasbro's...Read more »
Provided you express the "idea" of studying for the test in your own words, an original expression of the idea, it should be OK. However, keep in mind the certifying organization will likely be very interested in what you are doing because of the competition you pose. Best to work with...Read more »
You are going to need to have permission from the copyright owner to make your derivative work. You may want to work through an attorney who could act as intermediary between you and the copyright owner to pitch your concept. The attorney would be in a good position to figure out with you the...Read more »
While family was occupied with final arrangements/grieving, a third party filed for licensing to the name and image my relative went to extreme lengths to protect in life. So now essentially this person owns my relative. The family does not have the financial resources for a court battle. We simply... Read more »
My understanding is that California has strong laws that protect the Right of Publicity (right to exploit one's fame for famous people) and Right to Privacy. It would be good to get advise from a California attorney familiar with these 2 torts. The laws may allow you to collect...Read more »
We're making a show, and for the show we need art, we have a very talented artist that wants to help us but the problem is they are underage. We're wondering is it possible to use the art from the minor for commercial use if we bought it as a commission? If not, would we have to end up... Read more »
When you say "use" the art, what do you mean? You are able to resell a painting, like you could resell a book. However, buying the item does not give you rights in the copyright associated with the work.
Because a minor is involved, you need to tread carefully. Minors are not...Read more »
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