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Questions Answered by Jason Brooks
2 Answers | Asked in Copyright on
Q: I was wondering what happens if I remake a beat from a song and post it on YouTube, do I own the license?

If someone straight up copies my work and redistributes it as his own on YouTube, do I have the rights to take the video down?

Jason Brooks
Jason Brooks answered on May 22, 2020

Yes you do. If you are the copyright owner of a work that is being infringed on YouTube, file a takedown request. If the work has actually generated significant views/listens and earned revenue from ads, you also have a claim for actual damages.

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1 Answer | Asked in Contracts for California on
Q: Hello, I need help to review an employment contract. I just want to make sure everything is fair and doable.
Jason Brooks
Jason Brooks answered on Apr 22, 2020

I'd be happy to help with that. If interested, shoot me an email and we can discuss - jason@altviewlawgroup.com

1 Answer | Asked in Intellectual Property on
Q: Hi, i would like a lawyer to write my Terms and Conditions, Privacy and Refund policies. How much does it cost?

Language is English, website (e-commerce) it IT related

Jason Brooks
Jason Brooks answered on Apr 17, 2020

Hi there, fees vary depending on the kind of operation you're writing your terms for, but I would love to help you out with this. Please email at jason@altviewlawgroup.com to set up a time to discuss.

1 Answer | Asked in Gaming for Wisconsin on
Q: Are there any legal issues with running an online trivia game as a fundraiser?

I am an employee of a tax-exempt Catholic Parish in Wisconsin. I am considering doing a series of trivia nights through an online platform during COVID-19. These would be to raise money for the youth group, the mission club, etc. There would be an entry fee paid by credit card or debit card... Read more »

Jason Brooks
Jason Brooks answered on Apr 8, 2020

There is more to it than this, but generally, there are specific state and federal rules against hosting a lottery (i.e. a game of chance). If you're hosting a game of "chance" (as opposed to one of skill) there must be a "No purchase necessary to Play" option for EVERYONE... Read more »

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: Is the cease and desist order I was sent an actual legal document, and is it a baseless claim or not?

I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... Read more »

Jason Brooks
Jason Brooks answered on Mar 22, 2020

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs...
Read more »

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1 Answer | Asked in Trademark for Washington on
Q: My husband sold a game to a company that is no longer in business and trademark has lapsed. How do we obtain rights?

Discovery Bay Games, Seattle. Game is Two Bridges

Jason Brooks
Jason Brooks answered on Mar 4, 2020

If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be... Read more »

2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Trademark on
Q: We are indie game developer from Egypt, we have issue with HASBRO the holder of Monopoly trademark?

Hello,

we little startup game developers located in Egypt we had android app on Google Play Called "MONOPOLY LITE" and it is different from Monopoly.

Hesbro lawyer reported copyright MONOPOLY, US, 0326723

Google Play Destroyed our startup business for this claim... Read more »

Jason Brooks
Jason Brooks answered on Feb 22, 2020

A key factor in determining Trademark infringement is whether there will be “likelihood of confusion with an existing registered mark.” Based only on the facts you’ve provided, the issue here isn’t so much Hasbro has carts Blanche claim to any multi-word mark using Monopoly + another word,... Read more »

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2 Answers | Asked in Trademark for North Carolina on
Q: how can I reinstate a trademark that was abandoned?

filling date was 8/30/13

status date was 10/27/14

Jason Brooks
Jason Brooks answered on Feb 4, 2020

There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: jason@altviewlawgroup.com

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3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

Jason Brooks
Jason Brooks answered on Jan 31, 2020

Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... Read more »

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1 Answer | Asked in Trademark for Florida on
Q: Please, how much time and money does it take to register a trademark?

Dear Lawyers,

I would like to register part of my company name as a trademark to prevent other companies from using it. I have carried out a search on uspto.gov and there is one record with a "cancelled" status.

I would like to know how much money and time it is going to... Read more »

Jason Brooks
Jason Brooks answered on Jan 24, 2020

This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service... Read more »

1 Answer | Asked in Copyright for New Jersey on
Q: Is it possible for me to take a picture of an artist work to print them on hoodies and sell them online
Jason Brooks
Jason Brooks answered on Dec 18, 2019

No that would be copyright infringement. You’ll need the artists permission first — make sure you get it in writing as well.

1 Answer | Asked in Contracts for California on
Q: I am being ask to sign a consent of heirs form in someone else loan/option to buy contract on a loan they are taking out

This person & I been living as husband & wife for 19 yrs. Together for 20 yrs. He inherited the building 10 yrs ago free & clear. He fail to follow through with marriage as promise with an engagement ring from the start 19 yrs ago. A breakup looms in the future. I am Medicare/Med-cal... Read more »

Jason Brooks
Jason Brooks answered on Dec 15, 2019

This is a very complicated issue which requires significantly more in depth analysis and review than can/should be provided in a free Q&A forum such as this. I would strongly advise you seek counsel from an estate attorney.

1 Answer | Asked in Trademark for New York on
Q: Hi, My name is Vasyl and I’m looking to register Business name and Logos on trademark. I would really use some help.
Jason Brooks
Jason Brooks answered on Dec 8, 2019

Hi Vasyl I’d be happy to help. Email when you have a moment and we can discuss: jason@altviewlawgroup.com

1 Answer | Asked in Trademark and Copyright for North Carolina on
Q: Need to protect something that is printed on a tshirt (graphic w/ text) using trademark or copywrite law. Can you help?

trademark and copyright knowledge needed

Jason Brooks
Jason Brooks answered on Nov 26, 2019

If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word...
Read more »

1 Answer | Asked in Trademark for Puerto Rico on
Q: Can I trademark my DJ/music producer name as intent to use.

Im getting started in the music industry as a dj and I figured out a name that was available in all social media and the .com Can I trademark it?

Jason Brooks
Jason Brooks answered on Nov 19, 2019

Yes - if you are not actually performing under that name yet a good practice is to file on an "Intent to Use" basis, until such time as you are actually using the name. If you can show that you are actually performing under the name now, you can skip the Intent part, and go right to... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: How do I go by responding to a abandoned trademark
Jason Brooks
Jason Brooks answered on Nov 7, 2019

A trademark application or registration can be considered abandoned for a number of reasons, but there are actions you can take to reverse it.

If you or someone else has applied for a trademark, but for some reason did not continue the process after receiving an Office Action or Notice of...
Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Hi, I have a severance agreement that's pretty simple & I just want a review of it.
Jason Brooks
Jason Brooks answered on Oct 30, 2019

I help with these kinds of reviews. If you would like to email me at Jason@altviewlawgroup.com, we can set up a time to discuss my fee and any generals concerns you may have about the agreement.

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1 Answer | Asked in Intellectual Property for Florida on
Q: Hello, What type of protection for intellectual property is needed when creating a type of ”free weight”?

It is an exercise equipment

Jason Brooks
Jason Brooks answered on Oct 2, 2019

Without more detail about your questions it's difficult to provide a more specific answer, but generally you would have two options from what you're described:

1) if the free weight you're asking about has some newly invented features, it may qualify for a patent....
Read more »

2 Answers | Asked in Copyright for California on
Q: I’m looking to copyright a brand. I searched and there is currently a copyright for the same name already.

However, they are a bar/food copyright. I’m looking for a catering/clothing brand. How would this work?

Jason Brooks
Jason Brooks answered on Sep 30, 2019

I think you are confusing copyright with a trademark, as what you are describing sounds much more like you are looking to trademark the name of of your brand. In such a case, registration applications are filed with the US Patent & Trademark Office for the mark you are intending to use and... Read more »

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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 »

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