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Questions Answered by Jason Brooks
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Hi! I´m an illustrator and i wanted to know if it is necessary to trademark my name and copyright my work or is it not?

I have heard that the copyright is automatic when I create my work and I would be using my name but I wanted to know if it is necessary to trademark it and copyright my work to have any protection or if it is enough to creeate it and use the symbol on the work without paying. Thanks

Jason Brooks
Jason Brooks answered on Aug 5, 2019

By law, a Common Law copyright is created the moment you put your work into tangible form (i.e. once you create an actual work, beyond just the idea in your head). If you have a copyrighted work, you are authorized to sue for damages if someone uses that work without authorization, however with... Read more »

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: Please let me the process and needed documents to get tradmark.

Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.

Jason Brooks
Jason Brooks answered on Aug 5, 2019

Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

Jason Brooks
Jason Brooks answered on Jul 31, 2019

Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the... Read more »

2 Answers | Asked in Trademark for Minnesota on
Q: TM search & no results, google search showed 2 others with Instagram accts w/ same name

The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct. The other... Read more »

Jason Brooks
Jason Brooks answered on Jul 31, 2019

In its most general sense, actual use of a potential trademark is what creates rights and priority over others. Thus, the rule in successfully registering a trademark is that ownership of a mark goes to the first-to-use, not the first-to-file. It is still important to get your application in as... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I am writing a screenplay for a biopic of a celebrity and I am wondering if I have the rights to sell the script.

I got all the information about the events that occur in the script from books written about the events and public information. I just want to know if I need to acquire any special rights or am I allowed to sell the script as is. And also am I allowed to copyright the script?

Jason Brooks
Jason Brooks answered on Jul 25, 2019

You may copyright the script, and sell it, however the celebrity's life rights must be obtained before the script could be produced. A buyer would most likely condition the sale on the ability to clear those rights. If you have additional questions or need clarification you can feel free to email... Read more »

2 Answers | Asked in Intellectual Property for Ohio on
Q: I have a software company; how do I file a trademark for my brand?
Jason Brooks
Jason Brooks answered on Jul 23, 2019

To add to the previous response below, your federal registration application can be filed with the USPTO online at: https://www.uspto.gov/trademark

It's not necessary that you have an attorney file your application for you, but it's always a good idea to consult an attorney because the...
Read more »

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3 Answers | Asked in Trademark for Florida on
Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?
Jason Brooks
Jason Brooks answered on Jul 14, 2019

An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.

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1 Answer | Asked in Trademark for Pennsylvania on
Q: I would like to trademark a name for clothing, jewelry, mirrors, etc.How do I start this process?

Is there a website to start this or do I need a lawyer?

Jason Brooks
Jason Brooks answered on Jul 12, 2019

You will need to prepare and file a trademark registration application through the US Patent and Trademark Office — uspto.gov

While It’s possble to handle this process on your own, retaining an attorney is highly recommended to ensure the application is prepared properly. If you’d...
Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: How do I find a lawyer who I can trust when it comes to obtaining a Cannabis Retail Shop license?

I've done my research and most lawyers seem like they're just trying to rob you for your money instead of work on your behalf, I want someone who I can trust and not just ask for a ton of money especially if in the end I do not end up getting the license.

Jason Brooks
Jason Brooks answered on Jul 1, 2019

I work in conjunction with many cannabis attorneys who can help procure a license for you. Please email me at: Jason@altviewlawgroup.com so I learn more about what you're looking for and get you to the right person.

1 Answer | Asked in Intellectual Property, Trademark and Business Formation for Pennsylvania on
Q: Hi! I am starting an app called align. It will be in the fitness space. Can I trademark the name even tho there r others

I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".

Also wondering with a tech app, will I need intellectual property or any other form of... Read more »

Jason Brooks
Jason Brooks answered on Jun 18, 2019

Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be granted a... Read more »

2 Answers | Asked in Business Formation, Entertainment / Sports and Intellectual Property for New York on
Q: As a musician who intends to perform independently under the gov legal name, what should I do first to protect my work?

I intend to begin performing on the stage as well as sell my music and other media content via digital platforms: all under my name. On the longer run I intend to establish a company that will be specializing in producing media content, managing artists performances (primarily as a booking agency),... Read more »

Jason Brooks
Jason Brooks answered on Jun 11, 2019

I'm unclear what you mean when you say you'll be performing "under the gov legal name" -- but whatever name you choose to perform under should be trademarked (and you should run a sufficient clearance search to ensure that your stage name is not in conflict with another name which may already be... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Can I be fined for using unmarked copyrighted images on a website I designed?

Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »

Jason Brooks
Jason Brooks answered on Jun 6, 2019

A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright; rather,... Read more »

1 Answer | Asked in Copyright and Internet Law for California on
Q: The website"Getty Images"are selling graphic photographs of my 6yo great-aunt's death from 1951.

Getty Images claims to just be the host(although they are the ones licensing and selling the images) :University of Southern California"image library is the contributor and supposed rights manager.i would be grateful for your help in removing these painful and traumatic images removed as soon as... Read more »

Jason Brooks
Jason Brooks answered on Jun 4, 2019

A good start would be having an attorney draft a simple but effective “cease and desist” letter, accompanied by a DMCA takedown notice to Getty Images. I would be happy to assist. Shoot me an email and we can discuss: jason@altviewlawgroup.com

1 Answer | Asked in Communications Law and Internet Law for Ohio on
Q: Social media rights to accounts on facebook

You

Shouldn't people on social media such as fb have rights to there account. Even though you don't directly pay fb they allow adds that are forced on you and there collecting money because of you seeing them. So your essentially making money for fb and should be at minimum considered a... Read more »

Jason Brooks
Jason Brooks answered on May 28, 2019

Their ability to make money through your use is precisely why you are able to use it for free. Other paid platforms and services give you more rights and control. With that said, you still do retain a copyright in any picture or content you post (to the extent it’s your original — or licensed... Read more »

1 Answer | Asked in Copyright for Florida on
Q: i have movies that were downloaded outside the USA and have brought them to the USA to watch on vacation is that illegal

i am not selling them or charging to watch them they are fro personal use and for friends and family to watch

Jason Brooks
Jason Brooks answered on May 22, 2019

If you downloaded content illegally (i.e. you did not pay for content that should have been paid for), then it is not legal for any use whatsoever. By Law you are supposed to delete the file and any copies you may have made immediately.

2 Answers | Asked in Contracts for California on
Q: I signed an NDA, it states that actions are defined under the laws of Delaware. I dont live in Delaware Does this matter

Hi, i recently signed a "MUTUAL NON-DISCLOSURE AGREEMENT" for a small business and the person who sent it to me is threatening to sue for doing something I didn't do while he has no evidence of me doing it. In the NDA it says "This Agreement and any action related thereto will be governed,... Read more »

Jason Brooks
Jason Brooks answered on May 15, 2019

Yes it affects you. If there is a lawsuit filed in connection with this NDA it would be litigated under Delaware law, even if the lawsuit is filed in California.

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1 Answer | Asked in Entertainment / Sports for California on
Q: on a 3% gross royalty of SLRP for $50 w/ $10 poster merch, is the producer entitled to 3% of $50 or 3% minus merch costs

on a 3% gross royalty of SLRP for $50 w/ $10 poster merch, is the producer entitled to 3% of $50 or 3% minus merch costs

Jason Brooks
Jason Brooks answered on May 1, 2019

It depends on how "Gross Royalty" is defined in the contract. It's not uncommon to allows for deductions for actual expenses which could include your hard costs for merch, but if it's not specifically stated in the contract, then the inference would be 3% of the total royalty as received, without... Read more »

3 Answers | Asked in Copyright and Trademark for Michigan on
Q: How would I go about trademarking my stage name if it has been abandoned in 2011?

Krimminall23@gmail.com is my email address

Jason Brooks
Jason Brooks answered on Apr 24, 2019

You'll need to file a new registration application with the USPTO. If you need assistance, feel free to email me at: Jason@altviewlawgroup.com

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1 Answer | Asked in Contracts and Copyright for California on
Q: Wrote code for client as a independent software developer, without a written contract. Is the code I wrote legally mine?

Work was done without any contract, client refused to pay. I removed the code I wrote and now am being threatened with a lawsuit. Since there was no contract, it looks as if the code is legally mine under copyright laws. Is this correct?

Jason Brooks
Jason Brooks answered on Apr 17, 2019

Absent a written agreement or other express understanding that the developer would be the owner of the code upon its creation (i.e. some type of work-for-hire language) then you have a good basis for claiming that ownership in the code never exchanged hands because you have not been compensated for... Read more »

2 Answers | Asked in Contracts and Entertainment / Sports for Texas on
Q: How Much Should I Charge for Using My Image?

So let me start by stating that I know I need an agent ASAP and I'm in the process of getting one. My question is about a well known movie theatre company using my image. I responded to a post that asked for models for a 'test shoot' and that they would choose from us those who would film a... Read more »

Jason Brooks
Jason Brooks answered on Apr 9, 2019

Your rate depends on a variety of factors, including the scope of their use -- for example, where will they be using your image and for how long? In what capacity can they use it? Also your own stature as a model/actress/celebrity factors into this equation.

An agent or an attorney can...
Read more »

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