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Questions Answered by Jason Brooks
1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New Mexico on
Q: I'm a musician and want to name my album "Sith" but Lucasfilm has the word trademarked, can I still name it that?
Jason Brooks
Jason Brooks answered on Mar 24, 2021

Trademarks can be registered in a number of different "classes" based on their use. You should probably hire an attorney to help you examine which classes LucasFilm has its mark registered in to see if it would conflict with your channel of commerce in music. Ultimately, if there is no... Read more »

2 Answers | Asked in Contracts for California on
Q: I signed a partnership contract and they didn’t hold their end of the agreement now I want out of the contract.
Jason Brooks
Jason Brooks answered on Mar 8, 2021

To add to the answer below, you'll want an attorney to specifically review for the circumstances which allow you to terminate the contract, including whether your partner's performance issues constitute a breach and what kind of notice and opportunities to cure you have to provide. In... Read more »

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1 Answer | Asked in Trademark for Texas on
Q: I sought your help in 2017 with this trademark. How much would you charge me now for two musician clients who want to

trademark their musical names?

Jason Brooks
Jason Brooks answered on Feb 18, 2021

This is a legal directory and so your question is being presented to an entire legal community and not directed to whomever helped you originally. With that said, I or any of the attorneys on this platform can help you out. Our contact information is listed in each of our profiles and would be... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: I am writing a parody of Elsa and Anna I have a disclaimer stating it is a parody

The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act

Jason Brooks
Jason Brooks answered on Jan 22, 2021

Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... Read more »

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5 Answers | Asked in Business Formation and Business Law for California on
Q: Is it possible to register your business as an LLC on a budget with the safety of a lawyer and not the online websites?
Jason Brooks
Jason Brooks answered on Nov 28, 2020

If you only have 1-2 members in your LLC with minimal customization required in your operating agreement, the registration process should be relatively quick, cheap and simple. If you need assistance feel free to email me and I’ll be happy to help.

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3 Answers | Asked in Contracts and Employment Law for California on
Q: Do I need a lawyer to review an employment separation agreement?

Laid off 10/2. Reason was reduction in company expenses due to lack of sales from Covid-19. Male, 61 with disabilities. Employment duration 8 years 11 months. All performance reviews have been very good to excellent. Younger less experienced and lower paid employees not affected. Received a... Read more »

Jason Brooks
Jason Brooks answered on Oct 2, 2020

I would always have a lawyer review your contracts unless you are 110% certain that you completely understand every word. Once you sign it, you are legally bound to it forever, so even just a quick review can help you ensure you're not getting screwed in any way. If you would like my... Read more »

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2 Answers | Asked in Trademark for New York on
Q: Hello! I am a musician looking to trademark my stage name. I just have a specific question

My name is 4 letters in a unique order, (no existing trademarks). My LOGO for my future website/merchandise, will basically be this same name, designed in a cursive like font (my own handwriting) I initially spoke to a USPTO rep and discovered if I was to theoretically apply for my name and logo... Read more »

Jason Brooks
Jason Brooks answered on Sep 26, 2020

There’s a few different avenues to take here which will require a longer discussion. If you want to discuss all of your options, shoot me an email at jason@altviewlawgroup.com and we can set a time for a call next week. I’d be happy to explain everything and help set you up with all the marks... Read more »

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2 Answers | Asked in Trademark for Mississippi on
Q: Sold our business. In the agreement we also sold the trademark. What does the new owner need to do to change ownership?
Jason Brooks
Jason Brooks answered on Sep 9, 2020

You'll need to execute a Trademark Assignment Agreement which effectively assigns the trademark and any goodwill associated with the mark to the new owner. Then that Owner can file an amendment with the USPTO. If you need assistance with any of this feel free to email me at... Read more »

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2 Answers | Asked in Copyright and Trademark for Missouri on
Q: I want to trademark High AF as a brand and logo how can i do this since there is an un-used trademark of the same name?

I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... Read more »

Jason Brooks
Jason Brooks answered on Aug 27, 2020

I’d be happy to discuss this on a call. Feel free to email me at jason@altviewlawgroup.com and we can set up a time to chat.

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1 Answer | Asked in Entertainment / Sports for New York on
Q: For Assumption of Risk and Release forms, do you need to have an LLC or an Inc to be legally binding?

I am a producer on a film production that is following COVID-19 guidelines for the set. We are requiring cast/crew sign an Assumption of Risk and Consent/Release forms. Most templates have an agreement between the individual signing and the "Company." As the director does not have a... Read more »

Jason Brooks
Jason Brooks answered on Aug 27, 2020

The short answer is no, you don’t need to be a legal entity to contract in this manner. But... Your question raises some potential red flags that aren’t easily discussed in this Q&A forum. I think you would benefit by by seeking the direct advice of an attorney here. If you would Like to... Read more »

2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Jason Brooks
Jason Brooks answered on Aug 11, 2020

For purposes of a registered Trademare, there is no difference whatsoever between a capitalized LUSH and lower case Lush. So you could be deemed to be infringing on their trademark if you are using the word in connection with your brand as a trademark. However, the word "lush" is... Read more »

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3 Answers | Asked in Trademark for District of Columbia on
Q: How do I contact a trademark holder to speak with him/her about buying his/her trademark?
Jason Brooks
Jason Brooks answered on Aug 7, 2020

The info Joanne provided below (or above?) is correct. The only way to attain the owner's information is through the USPTO's database. The owner's name and address will generally be listed on the main page containing the general trademark description and info, but for more detailed... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: i run a large social platform and have got some copyright claims, the copyright holder refuses to work with me.

is there any legal process i can go through to get claims resolved on a un-responsive holder?

Jason Brooks
Jason Brooks answered on Aug 3, 2020

Not really. except for certain streaming music licenses, copyrighted work does not require a compulsory license, and so if the copyright holder does no want to work out a license to you, they are under no obligation to do so.

1 Answer | Asked in Business Formation and Entertainment / Sports for California on
Q: I need the services of a lawyer to review a 4 page LLC agreement for an entertainment project.
Jason Brooks
Jason Brooks answered on Jul 29, 2020

I’d be happy to help. Email me at: jason@altviewlawgroup.com and we can set up a time to discuss this week.

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: What do I need to do to collect fines from songs that I wrote that was illegally published?
Jason Brooks
Jason Brooks answered on Jul 27, 2020

You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to... Read more »

1 Answer | Asked in Copyright for Louisiana on
Q: Could I put a mask on Oscar the Grouch t-shirt it would aware of problems with masks on for covid-19.

For t-shirts

Jason Brooks
Jason Brooks answered on Jul 27, 2020

The answer is “probably”. Fair Use I s determined on a case by case basis but parody is one of the acceptable forms of fair use. A parody is determined if a new work is providing commentary specifically on the Original work. In this case, you’d be making the statement, “don’t be a grouch,... Read more »

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 »

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