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Questions Answered by Jason Brooks
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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2 Answers | Asked in Copyright for Alabama on
Q: Would it be seriously problematic if I self-published my original work before I receive my certificate of registration?

The US Copyright Office has already received my original literary work. I am wondering if I can go ahead and publish or if I need to wait to receive my certificate of registration.

Jason Brooks
Jason Brooks answered on Apr 9, 2019

The date of confirmation of registration is the operative measure. The certificate is just documentary evidence for you to have at your disposal. So, as long as you have a registration number, you're protected.

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2 Answers | Asked in Contracts and Entertainment / Sports for California on
Q: background actor won't sign release form for video?

WE were shooting a scene with an actor in a bar who was playing an extra, he agreed to be in the video and as we ran out of release forms we agreed to send him a copy via email. Days later he had a change of heart about signing and contacted his lawyer that he wants me to talk to directly in... Read more »

Jason Brooks
Jason Brooks answered on Apr 8, 2019

So long as the actor is not recognizable and you are not using his speaking voice, you are fine. If he's not completely blurry, you can request that your post team blur him out even further.

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1 Answer | Asked in Intellectual Property on
Q: Can I brand my company “Polytopia”

Hello, we are starting up a new company focusing on visualisation and Virtual Reality. We would like to use the name “Polytopia” but I can see that the trade mark is taken. I was wondering to what extent it’s protected, and whether we could legally call ourselves Polytopia

Jason Brooks
Jason Brooks answered on Apr 3, 2019

A registered trademark protects use of a mark in the international classes designated within the respective registration description. In this case, it appears that the word "Polytopia" is registered for use is classes, 009 (Computer Game Software), 0028 (video games), and 041 (entertainment... Read more »

1 Answer | Asked in Trademark on
Q: Do you need to register trademarks before launching a product? or do you need to it after you launch a product?
Jason Brooks
Jason Brooks answered on Mar 14, 2019

In order to register a trademark, you must show "actual use in commerce." So generally this would require launching the product before you can get approved with your registration. With that said, you can file a registration application for your mark on an "intent to use" basis, which gives you... Read more »

2 Answers | Asked in Trademark for Vermont on
Q: Can our font be changed for our trademark name?

Our registered Trademark is LuGinDee to sell cooking aprons and t-shirts online. Per a Google search of our name, it was discovered that the typeset is not correct. If you look at the justia.com listing for our name, you will see what we mean.

Jason Brooks
Jason Brooks answered on Mar 12, 2019

If you've registered a trademark as just a word mark, in your case, the word "LuGinDee" then you're free to use it in any type or font, color or other style you want, with trademark protection (meaning other can't use it) so long as the word "LuGinDee" is still legible.

If you had...
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1 Answer | Asked in Trademark for Colorado on
Q: I need to get 2 trademarks transferred. We purchased a company and we need them transferred to use.

Just need to Trademarks transferred

Jason Brooks
Jason Brooks answered on Mar 8, 2019

This is a simple process if you know what you're doing. It's important that any assignment agreement assigns the rights to not just the trademark, but all goodwill associated with the mark as well, which is language that would be drafted into the applicable assignment agreements. If you would... Read more »

1 Answer | Asked in Business Formation and Business Law for California on
Q: Can I sue this app?

Good afternoon I had a quick question i have been using this app called poshmark to sell clothing etc. I recently sold a authentic Selena Gomez poster with limited edition socks and gloves the item sold for 90$ and it says they were delivered successfully. Now the app says give the buyer 3 days to... Read more »

Jason Brooks
Jason Brooks answered on Feb 27, 2019

While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support, I'd expect them to... Read more »

1 Answer | Asked in Business Law, Copyright and Trademark for Florida on
Q: How do I buy a trademark that is no longer active?

I have the numbers for the trademark from the Justia site.

Jason Brooks
Jason Brooks answered on Feb 21, 2019

It doesn't work that way. If a trademark is dead or abandoned, you must go through the process re-registering the mark by filing a registration application with the USPTO

3 Answers | Asked in Copyright and Small Claims for New Jersey on
Q: What should I do if someone is refusing to pay for artwork I did for them and also allowed someone else to edit it?

They are letting the other person claim it as their own and refusing to pay for it

Jason Brooks
Jason Brooks answered on Feb 8, 2019

Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I handle these... Read more »

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2 Answers | Asked in Copyright and Trademark for New York on
Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.

Jason Brooks
Jason Brooks answered on Jan 31, 2019

I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com

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2 Answers | Asked in Copyright for New York on
Q: Is it copyright infringement in 2018 for photo posted in 2014 if copyright wasn't filed until 2018?

Can a photographer claim copyright infringement and sue for damages on photos posted to a hobby website in 2014 with clear credit and links given back to the photographers website and Instagram account when the copyright was not filed until 2018 for said photos?

Jason Brooks
Jason Brooks answered on Jan 28, 2019

A copyright is established the moment the work is produced in a tangible form (i.e. once the photo is created). So if you have exploited someone else's picture without authorization, you have committed copyright infringement. By registering a work for copyright with the US Copyright Office, an... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Can I register “Pikapool” word for conpany trademark?
Jason Brooks
Jason Brooks answered on Jan 25, 2019

On a very quick review, there do not appear to be any obvious conflicting registered marks in the USPTO database. While a more thorough review will need to be done to really knock out any potential for conflicts, this is most likely a registrable work, depending on your company and it's channel of... Read more »

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1 Answer | Asked in Copyright and Trademark for Utah on
Q: 5 years operating the website www.efymusic.com. The owner of the mark "efy" is now asking that I cease and desist.

I don't own "EFY" but have been selling music and mp3's that I do own based on their summer camp. I had a verbal "okay" from them to run it the past few years, and they have often checked in to see how things were going. Now they are deciding to pull everything close to the vest and want me to... Read more »

Jason Brooks
Jason Brooks answered on Jan 24, 2019

You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in? etc.... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?

Or If my Brand Name was trademark will it cover my Logo being trademarked?

Jason Brooks
Jason Brooks answered on Jan 21, 2019

You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).

1 Answer | Asked in Trademark for California on
Q: Hello I need to revive my trademark it was a pure oversight I apologize.
Jason Brooks
Jason Brooks answered on Jan 9, 2019

No need to apologize, you posted to a legal question and answer forum, not a law firm, a lawyer in particular, or anyone who is even in charge of overseeing your trademark.

Depending on the circumstances of the abandonment, and the specific “oversight” you’ve mentioned, it may be...
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1 Answer | Asked in Intellectual Property for California on
Q: Hello! I have a question about "The Laundress Signature" trademarks Intellectual Property Rights. Are you their holder?
Jason Brooks
Jason Brooks answered on Jan 9, 2019

This is a legal question and answer forum, not a law firm or any one lawyer in particular.

All Trademark ownership information can be found at the USPTO website by searching for the mark you wish to retrieve info about.

1 Answer | Asked in Entertainment / Sports for California on
Q: What should I be aware of re: ownership if I submit an unsolicited screenplay to a studio?
Jason Brooks
Jason Brooks answered on Dec 6, 2018

I would register your screenplay with the US Copyright office BEFORE submitting it anywhere. The age old "poor man's copyright" (i.e. mailing the creative work to yourself and keeping in a sealed envelope) doesn't really protect you like a valid copyright registration does, nor does it give you... Read more »

2 Answers | Asked in Contracts for California on
Q: I have produced a play with another person and there is a contract that I need someone to look at to see if fair

I came up with the idea and brought it to my producers partner and she had her lawyer write a contract in regards to the script and I want to make sure I know what I’m signing

Jason Brooks
Jason Brooks answered on Dec 5, 2018

I can help. Shoot me an email if you’d like to discuss: jason@altviewlawgroup.com

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