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Questions Answered by Jason Brooks
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 »

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.

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