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The company PicRights found a copyrighted image I used on a book review blog post seen by about 12 people. They want $110 for using the image on a commercial website. Is my site a commercial website? What determines a commercial website? There are no ads, nothing being sold but there are links to... View More
answered on May 23, 2018
Your website is promting the sale of your book, and you have amazon links to purchase the book embedded in your website. That makes it commercial.
I am starting a brand of polos and was wondering if I could use this term.
answered on May 23, 2018
You’ll need to run a knockout search to be sure. Start with the USPTO database here to make sure here are no existing registrations - http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4803:z3lh0r.1.1
Also run through a couple pages of google for their potential similarities.... View More
answered on May 21, 2018
If you have proof that you actually cancelled but they still charged you after the fact, then yes -- Note however that unless the fees exceed $10,000, your claim would be limited to small claims court. It's advisable to send them a written demand letter giving them a specific amount of time... View More
I am currently working overseas on an at will contract for a company out of California. I have been on the job for 5 months and have decided to take another position, I’m being told I will need to repay my airfare since I’m leaving early. Since its an at will contract that seems wrong to me.
answered on May 17, 2018
Do you have any sort of employment contract in place that deals with termination of the employment, and more specifically, reimbursement of company travel expenses if you quit early? Was this issue discussed with you ever prior to your quitting? If this was not agreed upon, then the employer most... View More
I knew something was wrong and I kept asking how do I monitor these solar panels apparently I never got a monitoring system that my contract says and PG&E says that my system hasn't worked for a year come to find out that converter is not working and I'm fighting to get them out here... View More
answered on May 15, 2018
You’ll need to send a demand letter to the solar installer/provider for reimbursement of these overage fees and to remedy the faulty system. If you’d like assistance, you can email me at: jason@altviewlawgroup.com
[Copyright laws] Can I reuse/republish content(article/blog) from a site that is not live anymore on internet? Previous owner has discontinued his website permanently. Thanks
answered on May 15, 2018
The blog owner (or whomever wrote the content) is still the copyright holder for that content, even if it’s no longer being exhibited online. To reuse it for commercial purposes you’d need permission from the owner. You are however, permitted to repost that content and cite the original... View More
The trademark was abandoned by Microsoft in 2015, and the company that developed the game, Artoon went defunct in 2010.
And further more about how much would it cost to purchase something like that?
answered on May 14, 2018
Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have... View More
I'm looking at toys.
answered on May 14, 2018
None. A trademark is merely an indicator of source, and not an assumption of any underlying intellectual property. So to use Creepy Crawlers as an example, you'd have to demonstrate that you are using the goods in commerce in order to even be able to register the TM.
We made custom furniture for a client, named collection after her, took pictures of final product in their backyard. Year later customer asking to remove those pictures from our web site and social media accounts, as she says it invades her privacy. The client's last name or location of the... View More
answered on May 9, 2018
Technically, you're right, in that there is no use of the homeowner's likeness, or any other personally identifiable information; with that said, if they really are bent on pursuing a lawsuit against you, you'll be forced to defend yourself at the unnecessary expense of your time and... View More
Patrick wants us to do more work for him and start paying us back out of profits. Naturally we don't trust him. The payment for the solar job would be paid to him out of mPower, a Placer county PACE program. Is there a legally binding way to get Patrick to have to pay us as agreed from the... View More
answered on May 9, 2018
You could draft a simple contract stating these terms- namely, that you are entitled to x amount of $ that he receives from the mPower job. It still doesn’t guarantee you’ll get paid, but at least you’ll have concrete evidence of the arrangement, which you can use in a lawsuit against him if... View More
answered on May 8, 2018
A person who registers someone else's trademark as a domain name hoping to later profit by reselling the domain name back to the trademark owner is known as a cybersquatter. If you believe that someone has taken your domain in bad faith, you can sue them under the provisions of the... View More
Its related to copyright law.
The service is being purchased with consideration of US copyright law, though the business in question resides in Quebec,Canada.
When purchasing commissioned artwork online in an agreement where it is explicitly considered "Work-For-Hire"... View More
answered on May 8, 2018
Sounds like fluff money to me. The Work for Hire language should establish you as the owner of the work. Accordingly, you are permitted to do what you want with it. No further license is needed or applicable.
No other rentals are available in the vicinty of the property. Six people are impacted. Reservation and deposit made in May of 2017 for June of 2018. Just informed of isssue May 7,2018.
answered on May 7, 2018
This sound like a possible breach of contract, but depends on the terms of the platform used to make the reservation. If a deposit was indeed provided prior to the owners cancelling the reservation, then you might have a legitimate claim. It may require a lawyer to send the owners a strongly... View More
It is written in Spanish.
answered on May 4, 2018
You can register your novel for copyright by visiting the US copyright office at copyright.gov. The process is fairly intuitive but if would like additional attorney assistance you can email me at: jason@altviewlawgroup.com
answered on May 3, 2018
The total application processing time may be anywhere from 6 months to a year, or even longer if there are any oppositions filed. There is no option to expedite this process, however, regardless of when your trademark is actually approved – when the process ends – upon approval, you’re... View More
need to know how to ask for the use of words - specifically made up words that are trademarked.
answered on May 3, 2018
You need to negotiate a license from the trademark owner. Start by contacting the owner’s registered agent listed in the USPTO’s website. I would advise seeking the help of an attorney so you can ensure the terms of the license confirm to everything you need. If you need assistance feel free to... View More
My boyfriend and I live together and have a contractual agreement set up. I want to make sure it is legally binding.
answered on May 2, 2018
There's certain elements of a contract that are unenforceable in California, so if you have questions about the contract it is definitely advisable to consult with an attorney. Depending on the contract you need, I can provide that type of service -- feel free to email me at:... View More
I received letter today from Git-R-Done Productions Inc , Lawyers telling me 2 change my company name or else be sued from Git-R-Done Shuttle & Limo to another name. Really how can someone own a word
answered on May 1, 2018
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and... View More
A verbal agreement took place between the gamelink representative and my company. I believe we have taken advantage of the fact our company closed and has sold our content knowing they were in violation of copyright laws and had no permission to do so.
answered on May 1, 2018
While verbal contracts are enforceable in California, they are difficult to prove unless you have evidence supporting the terms (i..e texts, emails, other writings showing specifically what you are now claiming as damages). With that said, Copyright infringement is presumed if you are the... View More
A mistake on our flyer was made where a "name" which is trademarked was printed beside a product. The picture of this product also shows it does not state this "name" on it. The defendant lawyers understands the mistake we had made and that it was not intentional but simply an... View More
answered on Apr 27, 2018
It’s a good idea to have a lawyer help you resolve a fee disputes and also draft a thorough release agreement so that the trademark owner won’t cone after you again for the same claim. If you’d like to discuss further you can email me at: Jason@altviewlawgroup.com
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