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I dragged pictures from their website and I Pasted on tineye and nothing came up but on google images the company comes up
answered on May 7, 2020
Just because you are selling their product does not necessarily give you the right to use any of their materials. If you have an agreement with them about the resales, check it to see if this subject is covered. Also, check the Terms of Use provisions on their website. Likely they cover use of... View More
Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.
answered on May 7, 2020
It will be an issue you will need to negotiate with the independent contractor/web developer. She may have her own contract, so you need to be sure that the issues covered in Ms Suero's answer are addressed. But also, you want to know the source of any 3rd party content that the developer... View More
I’m in the works of a clothing business and want to know what steps I need to take in order for the name to be secure? I want the brand name safe from being taken. Also curious if there’s a way to copyright it, or whatever the proper terminology is, before launching the business?
answered on May 7, 2020
If the word you use for your company's name is also the trademark/brand you want to protect, that can be done by filing an Intent to Use trademark application with the USPTO. This kind of application can be filed before you open for business. It is a way to put down a "tap tap... View More
answered on May 4, 2020
If you have yourself listed as the correspondent for the mark, then the USPTO does send courtesy notices a year before certain deadlines are due. From how you phrase your question, it appears you have a registered mark. In order to keep the mark alive, you need to file a Statement of Continued... View More
I do have more details but would like to save further details pending a positive response.
answered on May 4, 2020
From what you write, unless you have some written agreement, it does not appear that you have any claim. If the airline adopted a mark and uses it as a mark, then that is what it is, their mark. Any idea you might have had about the way to use the word, is just that, an idea.
answered on May 4, 2020
It will be important to have a written agreement in place before any work is performed that obligates the developer to keep the trade secrets associated with the development/launch of your website as well as keeping secret other information before you are ready to make anything public. Often such... View More
There is currently a company with the trademarked name "Tasty Box." They do hotel and restaurant service.
My Tasty Box is for a Potato Chip Brand. Can I still receive trademark for my company?
answered on May 4, 2020
Depending how big the other company is and their interest in food services (restaurants), they may have a problem with your application and file an opposition. For all you know, they may start selling foods at their restaurants under their own brand. It really is a good idea to work with a... View More
Would it further enhance my application to submit multiple specimens proving actual use of the mark? I have 5 services listed that are under the same class (009). The specimens would be screenshots, and I intended to attach the same 3 or 4 specimens to each service listed.
Is that overkill... View More
answered on May 3, 2020
I often submit more than one specimen so that if for some reason, one is not adequate, another one will meet the examiner's reviewing requirements. You do not need to attach many, but two or three would be fine. Also, as you have 5 different things you are selling, even if they all come... View More
I have a Florida registered LLC and plan to begin a YouTube channel under the business name. The channel would be a "how-to" cooking channel. The principle location of the business is in Maryland. Can I deduct the cost of the food and kitchenware I use for the cooking videos?
answered on May 4, 2020
Best to consult with a CPA or other business tax advisor as to how you would treat such expenses.
I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop
answered on May 2, 2020
Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph... View More
Would I be infringing on the NFLs Copyright ? It would clearly be a parody but the cartoons are heavily inspired by NFL logos as they are super fans of each team .
answered on May 2, 2020
Deciding whether something passes the parody defense against infringement under copyright and trademark law is not an easy thing. The NFL may not see it your way. Best to consult with counsel so you understand what it takes to establish that something is a parody.
Now this man is threatening to take me to court for a false takedown under Fair Use terms. Can he do this?
answered on May 1, 2020
In doing so, he will have the burden of proof that what he was doing comes within the criteria of fair use. The annoying thing is that whoever the ISP, they just dumped the ball into your court. You may want to explore with an attorney familiar with the Digital Millennium Copyright Act and its... View More
Good Morning,
i had a question about online classes that use copyrighted books in their explanation,
some online classes use (in their explanation) copyrighted books in their pdf format,
and i, as a student, am not sure whether these pdf books are legal or not, but probably... View More
answered on May 1, 2020
You pose an interesting question. The Copyright Act does provide for several exemptions from a copyright owner's claim of exclusive rights with respect to a particular work. With certain limitations, teachers can make use of copyright protected works in their instruction. See 17 USC Section... View More
answered on May 1, 2020
What you will register with the USPTO is the actual mark you are using. By way of example, if your mark is "25 Peaches" for sunglasses, then that is what you get. However, if you are intending to have variations of the mark, such as "Twenty-Five Peaches," be part of your... View More
I want to create a prototype of a game using the intellectual property and trademark of a well-enstablished foreign company. This business has already a great merchandise market of its own but it lacks the specific product that I would like to create and develop. How could I get in posses of the... View More
answered on May 1, 2020
The licensing process would likely be very detailed provided the company agrees to work with you as they are obligated to protect the good will associated with their mark. You might consider working with an attorney who could approach the company on your behalf while protecting your identity.... View More
We did not realize there was a patent on this product and we started selling it on amazon but quickly got shut down. We are wondering if there is anyway we would be allowed to sell this product
answered on Apr 30, 2020
You would need to contact the owner of the patent to see if they would license you to make such sales. However, before doing so, I recommend that you consult an attorney familiar with the kinds of businesses which deal in such a product so you can get a read as to whether a licensing opportunity... View More
The company is Tally Solutions
answered on Apr 30, 2020
Copyright only protects the way an idea is expressed but not the underlying idea. So if you are able to write code, not copy code from someone else, that accomplishes (expresses) the same task as another person's code, that would not be copyright infringement. However, in the case of... View More
I received a “Certificate of Good Standing” request form in the mail a week after I registered my LLC. I’m not sure what this is and if it is a requirement.
answered on Apr 29, 2020
It is just a courtesy form the state is sending out. However, it may be useful to have a certificate of good standing, particularly if you want to open a bank account for the new LLC.
Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... View More
answered on Apr 29, 2020
The question you pose could cover several areas of intellectual property. For example, a trade secret is not violated if you figure it out without violating a legal obligation to keep the secret. I assume you have no contract of non-disclosure with the manufacturer. If you can figure out the... View More
(permission) The sample does not contain any soundtrack (just a clip of dialogue) and is neither a consequential part of the source work or my composition
answered on Apr 29, 2020
There may be a few layers of copyright rights to evaluate. If you are just using lyrics from a song, then the copyright owner of the lyrics would be one person to contact. It is not clear what you mean by a "clip of dialogue." If what you want to copy is actual sound from the TV show,... View More
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