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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.... View More 
answered on Jul 31, 2019
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... View 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?
answered on Jul 25, 2019
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... View More
answered on Jul 23, 2019
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... View More
answered on Jul 14, 2019
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?
answered on Jul 12, 2019
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... View 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.
answered on Jul 1, 2019
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... View More
answered on Jun 18, 2019
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... View 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),... View More
answered on Jun 11, 2019
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... View 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... View More
answered on Jun 6, 2019
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;... View 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... View More
answered on Jun 4, 2019
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... View More
answered on May 28, 2019
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... View More
i am not selling them or charging to watch them they are fro personal use and for friends and family to watch
answered on May 22, 2019
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... View More
answered on May 15, 2019
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
answered on May 1, 2019
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... View More
Krimminall23@gmail.com is my email address
answered on Apr 24, 2019
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?
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... View 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... View More
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... View More
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.
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.
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... View More
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.
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
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... View More
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