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Questions Answered by Floyd Edwin Ivey
3 Answers | Asked in Copyright, Estate Planning, Intellectual Property and Probate for New York on
Q: If I wanted to publish my dead grandpa's written songs (he had no will), could his children sue me for the rights?

He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.

He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).

I want to publish his work, but I am afraid that... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.

Your use...
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1 Answer | Asked in Contracts for Delaware on
Q: Do i trust a job offer contract fora company who does not have a website or really anything other than a facebook?

I have the contract I would love to get someone to look it over.

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

The question regards a contract for employment. Was the contract received following an interview? Does the company sell goods or provide services? Is the employment offer for a job for which you applied? Does the Better Business Bureau or the Chamber of Commerce recognize? How long has the... Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: Hey. My name is Sincere. I see that this is no longer in use & I wanted to know if I can trademark my name for my brand.
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

If your name is Sincere you will likely not be able to have it registered in either a state or with the Federal Trademark Office. Surnames are not protectable by Trademark. See a trademark attorney.

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Q: How can I contest a trademark claim in which someone is claiming rights to my name and art?

The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.

2 Answers | Asked in Trademark for Kentucky on
Q: How do I find out if a name is already trademarked ? I am starting a candle making business.
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

A trademark is the Word, Symbol or Device that identifies the source of goods or services. Trademark infringement is the use or a Trademark which is similar in sight or sound to an existing Trademark under which goods and or services are sold. You can go to Uspto.gov, select Trademark and search... Read more »

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1 Answer | Asked in Business Law and Contracts for South Carolina on
Q: How much is a company owed when they were unable to complete the duties of a $10,000 contract?

Suppose you own a graphics design company, BIG Designs, that designs and installs advertisements and billboards. Back in January 2020, you were very excited to sign a $10,000 contract with the city to publicize a series of concerts in the parks. The ads and billboards would be installed in March to... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

Did the contract have a clause excusing performance (payment) by the city if certain events occurred such as Acts of God? See counsel for an analysis of the terms of the contract which may excuse the city or which my require them to pay regardless of a particular event.

2 Answers | Asked in Copyright for California on
Q: Is it necessary to ask permission first before I use facts that I learned from websites, books, or videos?

I'm making a website on animals. Each page will have basic information and facts about a particular animal. Obviously, to write about them, I need to learn about them first! So if I go and learn about them from other websites, books, or videos, can I write about what I learn without mentioning... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

If you are copying from a work of Authorship, e.g., a book chapter, then you must have permission unless your use is for "criticism, comment, news reporting, teaching (including multiple copies for classroom use) scholarship or research" where each of these are excluded from infringement... Read more »

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Q: Do I get a share of money if some patents that I co-invented when I was a student is now sub-licensed by a company

I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

It is likely that the University owns the Patents with the professor able to license from the University. You can probably find the Universities rights by contact with a University Administrator or Officer. Your rights as an inventor are probably owned by the University by your IP agreement or by... Read more »

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4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.

The Mark cannot be similar in sight of...
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1 Answer | Asked in Contracts for Colorado on
Q: Can a person sue me/take me to court over a made up verbal agreement?

I am a dog breeder and used this person's stud. They wanted a puppy from the litter in exchange for stud service. They mentioned wanting a female or male. There was never once any mention of this being the pick of the litter puppy. Just a puppy. Now they are saying they were supposed to get... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

Who are the witnesses to the spoken agreement. Just you and the other person? Are there any who were nearby and heard or could hear the discussion? If its your word against her word then the court room presentation to a judge may turn on the difference in value between the "pick" and... Read more »

1 Answer | Asked in Contracts and Employment Law for Washington on
Q: What does executed confidentiality and invention assignment agreement mean?

I received a termination email saying I executed confidentiality and invention assignment agreement from amazon.

What does this even mean? All I do is work and come home so I'm not this makes sense to me

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 1, 2020

Termination Email sounds like termination from employment from Amazon. If you work or worked for Amazon then their terms of employment likely required you to retain in confidence and to assign any inventions you created to Amazon.

2 Answers | Asked in Intellectual Property for Ohio on
Q: If I had an idea for a new product but could not afford the cost of a patent , I sent myself a post office sealed

envelope with all the details inside . Would it hold up as a legal document if the idea was patented by someone else at a later date ?

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Mar 3, 2020

No. It will not help. Patents do not protect "ideas" - The only thing that is protected is the "structure" that allows the "idea" to work. The structure is the thing that is protected. What is subject to Patent Protection? it is a new structure that does... Read more »

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2 Answers | Asked in Trademark for Louisiana on
Q: How can I reach a trademark owner in regards to purchasing their mark?
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Mar 3, 2020

Go to USPTO.gov, select Trademark and search for the mark. Information at the search results will include the name of the owner of the mark, which may be a person or a company, along with an address. Also disclosed will be the attorney who prosecuted the trademark application. The attorney may be... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is my movie streaming application at risk of copyright infringement?

Hi,

I am a programmer and I am creating an application involving streaming movies using a revolutionary technology. I am looking for a lawyer with copyright knowledge. The video files are provided as torrents and are not kept on the server. My questions are: Is it legal to stream the movies... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Mar 3, 2020

Streaming is not allowed unless the streamer/streaming company has authorization by the copyright owner. Without authorization the streaming is Copyright Infringement.

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