Get free answers to your Intellectual Property legal questions from lawyers in your area.
answered on Dec 28, 2020
Depends on how similar it is.
You should consult with an attorney.
I am starting an art opinion blog, writing about museums, galleries, and exhibitions. I take my own photos of the artwork in these spaces when allowed. I would like to post these pictures on my blog to add detail but am worried about the legality of posting pictures of someone else's... View More
answered on Oct 20, 2020
This will most likely fall within the exception of "fair use" in copyright law, but be sure to check to see if some of sculptures are also subject to a trademark registration (see, e.g., Space Needle, Golden Gate Bridge).
Also check the Terms of Entry with every single museum to... View More
How can I go after them to reverse the Trademark?
answered on Sep 6, 2020
First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.
If you've been commercially using your mark since 2008 without a federal trademark registration, you have what... View More
I'm without a car.Is there anything I can do to get my car back from the dealer.
answered on Jul 29, 2020
She can and did do this without your signature. It sounds like your car title was an "or" title. This type of title would allow either one of you to trade or sell the vehicle without the signature of the other. It is very unlikely that you will be able to get the car back from the... View More
answered on Sep 11, 2019
It is suspended.
There are two more applications using similar name for similar application. This application will be processed once the two in front of it are disposed of.
If you need any specific help make an appointment for an in depth consultation.
i WAS HIT IN AN ACCIDENT, BECAUSE OF AN ERROR ON THE CITY COURTS SIDE, MY LICSENSE WAS SHOWING AS SUSPENDED ITWASNT SUPPOSED TO BE, AFTER THE OFFICER SAW THAT HE IMPOUNDED MY TRUCK, AND STARTED TO IGNORE ME COMPLETELY, WROTE ME TICKET, TOLD THE GUY WHO STRUCK ME IT WAS AUTOMATICALLY MY FAULT,... View More
answered on Aug 29, 2019
Assuming you were injured, and the two years has not run, you can make a claim against the other driver. Trying to sue someone over the court mess won't get you anywhere. Congratulations, though on unscrambling it. As to the bills, depending on what they are etc you may be able to collect on... View More
I want to hire someone for legal advice but don't know what type attorney I need.
I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.
I filed for divorce and it went through uncontested, but the... View More
answered on Aug 20, 2019
you need a business attorney and possibly a family lawyer as well.
I contracted with him in San Diego in the early 2000s.
answered on Jul 25, 2018
I don't know, but he is no longer listed as a patent agent or a patent attorney on the USPTO's Office of Enrollment and DIscipline's website. https://oedci.uspto.gov/OEDCI/practitionerSearchEntry
This would indicate that he is no longer available for business.
I'm 16 and living with my mother now 30 miles away from my school. I still have to go to school and im wondering if I could legally stay with a friend until school is out. My father also has a case my mother opened against him and his girlfriend for refusing to let me and my sister see her but... View More
answered on May 1, 2018
You should speak with your mother and the two of you should consult with her lawyer. Her family law lawyer can assist you in recovering your belongings.
Do I need any special permits or anything to use items around my business?
answered on Jan 30, 2018
Before you start your business you should speak with an intellectual property attorney. You may need licenses from Disney, Marvel and others to use their memorabilia, trade names, trade marks, etc. If you do not do this properly, you run the risk of being sued. A lawsuit could ruin a new... View More
Literary copyright question. Legally protected or not before revive certification?
answered on Jan 21, 2018
No, you don't need to wait.
As a matter of fact, you no longer have to register it in order to be protected. You have a copyright from the moment that you create your work in a fixed medium. You may want to register your work nonetheless because you need to have it registered if you... View More
I have a podcast for children and got permission from a musician to use one of his songs on one specific episode. The podcast episode is offered for free and I will give appropriate credit to him on the episode. It sounds like he owns the rights to his own music. He thought I would need a... View More
answered on Sep 5, 2017
It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward,... View More
I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... View More
answered on Aug 4, 2017
To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your... View More
Both companies make fitness products.
answered on Jul 28, 2017
The most important issue, though not the only one, is whether there is or is not a reasonable likelihood of confusion with the relevant consumer market. Thus, in general, the more similar the names, the higher the likelihood of confusion, the more similar the products, the higher likelihood of... View More
I have a fictional character that is part of a group. On items featuring the character, I have "Character, Group, and all related characters are © me"
An individual with a group that has the same name is claiming that by doing this I am putting a copyright claim on the name... View More
answered on Apr 6, 2017
Your factual scenario is a bit unclear. Names, short phrases, slogans and terms are not subject to copyright law. Copyright attaches automatically to original works of authorship, which may include the character that you describe. Copyright notice is no longer obligatory to perfect copyright in... View More
Can I file a DMCA to get it taken down, or will that backfire since it is cropped. It was posted with defamatory content, but I just want the picture gone at best.
answered on Jul 21, 2017
Did you take the photograph? The holder of the copyright in a photo is the person who actually took the picture, or a licensee/transferee of the copyright. As such, any claim would have to be made by the actual copyright holder. Meanwhile, using a portion of a copyrighted work (cropping it down... View More
I am an artist who is planning on making custom painted tote bags and selling them. I bought the bags from a website and plan on painting them myself but is it illegal to paint things such as band logos, star wars characters, tv/video game characters ect. onto a bag and then sell it myself? Is that... View More
answered on Jul 21, 2017
You are very likely going to be infringing on a number of intellectual property rights if you use band logos, star wars characters, etc. Not only might you be infringing on copyrights, you might have trademark issues, product dilution issues, false attribution of source/sponsorship issues, etc.... View More
I am a student at Arizona State University's Walter Cronkite School of Journalism. I have been told multiple times that as students, any videos that we create using our school's equipment do not belong to us students; they belong to the school and we have no rights to the content. Is this... View More
answered on Mar 5, 2017
Yes, unfortunately, it likely can. You probably signed some sort of an agreement to that effect when you enrolled in the school.
A couple of points:
(1) Once you graduate and start working for a magazine or newspapers, your work will also belong to your employer.
(2) As... View More
Is it possible for someone else to trademark the name when I have been using for 9 years as TokeMaster.com
answered on Dec 28, 2015
If you have a trademark and someone violates your trademark, you can ask them to cease and desist. An intellectual property lawyer can advise based on your specific situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only... View More
throughout their website. Is this copyright infringement and should I act on this to prevent further infringement?
answered on Oct 31, 2015
There are not enough facts given here to conclude that there is any copyright infringement, but I think you might be talking about a trademark infringement, and you have not given enough facts for that either.
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