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
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 »
Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.
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 »
See information on Durysta
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 »
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 »
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 »
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?
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 »
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 »
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.
Is there a website to start this or do I need a lawyer?
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
i am not selling them or charging to watch them they are fro personal use and for friends and family to watch
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.
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 »
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.
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
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 »
Krimminall23@gmail.com is my email address
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
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?
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 »
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 »
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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