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Questions Answered by Barbara Berschler
1 Answer | Asked in Copyright for Minnesota on
Q: Can I be sued for using a company’s pictures from their website if they sell me their product at wholesale to sell mysel

I dragged pictures from their website and I Pasted on tineye and nothing came up but on google images the company comes up

Barbara Berschler
Barbara Berschler
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

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

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.

Barbara Berschler
Barbara Berschler
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

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3 Answers | Asked in Business Formation, Business Law and Trademark for New Jersey on
Q: What are the steps to ensure my business name is secure?

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?

Barbara Berschler
Barbara Berschler
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

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2 Answers | Asked in Trademark on
Q: Will I get a notification from USPTO before my trademark expires? When do I need to renew it?
Barbara Berschler
Barbara Berschler
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

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1 Answer | Asked in Business Law and Intellectual Property for California on
Q: This involves a major airline company. They took a name I came up with. I received nothing. Am I entitled to a claim?

I do have more details but would like to save further details pending a positive response.

Barbara Berschler
Barbara Berschler
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.

1 Answer | Asked in Copyright for Oklahoma on
Q: I'm creating a game and I am hiring developers. I want to make something where it doensnt allow devs to leak them.
Barbara Berschler
Barbara Berschler
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

3 Answers | Asked in Copyright and Trademark on
Q: If my company has the same name as a company that already has TM. Can I use same name if it's for a different product?

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?

Barbara Berschler
Barbara Berschler
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

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2 Answers | Asked in Trademark for New York on
Q: Would it further enhance my Trademark application to submit multiple specimens? My services are all in the same class.

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

Barbara Berschler
Barbara Berschler
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

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3 Answers | Asked in Business Formation, Business Law, Real Estate Law and Tax Law for Florida on
Q: If I purchase food solely for my cooking show, can I legally deduct the cost?

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?

Barbara Berschler
Barbara Berschler
answered on May 4, 2020

Best to consult with a CPA or other business tax advisor as to how you would treat such expenses.

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1 Answer | Asked in Copyright for Idaho on
Q: I took a photograph of a planter pot. With basil that is mass produced can put it on my blog

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

Barbara Berschler
Barbara Berschler
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

2 Answers | Asked in Copyright for California on
Q: Is it legal to make a cartoon newscast to give NFL reporting if the newscasters are original cartoons of NFL logos?

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 .

Barbara Berschler
Barbara Berschler
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.

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2 Answers | Asked in Copyright for Michigan on
Q: so, a man reposted my YouTube video, except it had laughing over it, I submitted a takedown and it was successfull

Now this man is threatening to take me to court for a false takedown under Fair Use terms. Can he do this?

Barbara Berschler
Barbara Berschler
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

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1 Answer | Asked in Copyright on
Q: question about online classes that use copyrighted books in their explanation

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

Barbara Berschler
Barbara Berschler
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

2 Answers | Asked in Trademark for Maryland on
Q: If my trademark name that includes a number, do I need to trademark each of “twenty five”, “twenty-five” and 25?
Barbara Berschler
Barbara Berschler
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

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2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark on
Q: Good day, I would like to know how to temporarily acquire a trademark from a company.

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

Barbara Berschler
Barbara Berschler
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

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1 Answer | Asked in Business Law for Texas on
Q: is there anyway we would be granted permission to selling this product?

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

Barbara Berschler
Barbara Berschler
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

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property on
Q: If I want to create a software that is similar to one that exists, Im not sure what that company has in terms of patents

The company is Tally Solutions

Barbara Berschler
Barbara Berschler
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

1 Answer | Asked in Business Formation for Maryland on
Q: Do I need to complete a “Certificate of Good Standing” request form after filling my LLC in Maryland?

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.

Barbara Berschler
Barbara Berschler
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.

1 Answer | Asked in Copyright and Business Law for Texas on
Q: Post formulas

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

Barbara Berschler
Barbara Berschler
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

2 Answers | Asked in Copyright for Wisconsin on
Q: I would like to use a short audio sample(~2s) from a tv show in a song and am wondering who to contact to obtain permiss

(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

Barbara Berschler
Barbara Berschler
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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