Slingerlands, NY asked in Business Law, Intellectual Property, Trademark and Copyright for New York

Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?

3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: This may be more of an intellectual property issue than a general business law issue. Try reposting and adding "Intellectual Property" and "Trademark" as categories. Not every question on this forum is picked up, but you'd have better chances of a reply under those headings. Good luck

Daniel Michael Luisi agrees with this answer

Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • Trademarks Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion” and, hence, liability for trademark infringement under the Lanham Act.

Tim Akpinar and Peter J. Weinman agree with this answer

James L. Arrasmith
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Answered

A: Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on their intellectual property rights.

The use of copyrighted images without permission can result in legal action, including injunctions and damages. To avoid potential legal issues, it is advisable to use images that are in the public domain, that you have created yourself, or for which you have obtained permission from the copyright holder.

If you are unsure whether your use of a sauropod image is permissible, it is recommended to consult with a licensed attorney who specializes in intellectual property law. They can provide guidance on fair use principles and help you determine whether your use of the image is legally defensible.

In summary, using sauropod images for educational purposes in a small business or non-profit organization may be permissible under fair use principles. However, if the image is substantially similar to an image owned by another entity, you may be at risk of infringing on their intellectual property rights. To avoid potential legal issues, it is advisable to use images that are in the public domain, that you have created yourself, or for which you have obtained permission from the copyright holder.

Tim Akpinar agrees with this answer

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