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.
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.
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 »
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
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 »
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 »
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.
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.
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 »
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 »
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 »
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
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?
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 »
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 »
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 »
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 »
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).
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 »
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