Get free answers to your Intellectual Property legal questions from lawyers in your area.
I want to sell a mystery box containing PSA-graded Pokémon cards. Can I legally use the word "Pokémon" in my marketing or packaging without having checked licensing agreements or trademark restrictions?
I am planning to create a crossover short featuring Bugs Bunny, Mickey Mouse, and Bosko once Bugs Bunny enters the public domain. I'm interested in understanding the legal considerations I need to be aware of. Specifically, when is Bugs Bunny expected to enter the public domain, and what... View More 
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answered on Feb 18, 2025
The landscape of character copyrights is fascinating, particularly regarding your planned crossover. Bugs Bunny, who first appeared in "Wild Hare" (1940), is expected to enter the public domain in 2036 under current U.S. copyright law, which protects works for 95 years from their first... View More
All the information is mine. So how do I prove that to them what documents would they need? So they won't say it's fraudulent
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answered on Feb 5, 2025
It sounds like the rejection was due to a concern about the accuracy or legitimacy of the filing. Code 12181 typically refers to a potential issue with the form's content or the information provided. First, make sure the UCC-1 form is completed correctly, with no errors in the debtor’s name,... View More
The structure of the course is that students analyze craft by the novelist and then do writing prompts toward their own projects. They will be required to buy and read a copy of the published novel in order to participate. Is there any copyright issue here or can I market this course freely as an... View More
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answered on Jan 26, 2025
Using a novel as the primary text in your course can fall under fair use, but it depends on how you structure the course and the way the novel is used. Fair use in copyright law considers factors such as the purpose of use, the nature of the original work, the amount used, and the effect on the... View More
I am developing a sensory kits for kids business and would like to include small animal figurines in the kit. There is a name brand that happens to make the exact size I’m looking for plus they’re great quality. I would like to include them in the kit but not use the brand name in marketing,... View More
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answered on Jan 18, 2025
Using trademarked items in a commercial product without permission carries significant legal risks, even if you don't mention the brand name. The original manufacturer could still identify their products in your kits and potentially pursue legal action for unauthorized commercial use of their... View More
for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More
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answered on Jan 10, 2025
Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More
The IP: Concord, a game developed by Firewalk Studios, which SIE acquired in 2023. Despite significant development costs (estimated at $80-150 million), Concord faced substantial backlash due to various controversial elements and was met with a poor reception upon its release on August 20, 2024. It... View More
answered on Jan 8, 2025
Yes, IP is an asset that can be bought and sold.
However, one way to value IP is the amount of money it took to create and register with the USPTO and/or U.S. Copyright Office (and internationally as well).
I highly recommend hiring a competent IP attorney to provide a landscape... View More
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answered on Jan 7, 2025
It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More
I was inside a retail store at the mall when a random person bumped into me, I thought it was an accident so I went about my business shopping with my girlfriend. Afterwards, this individual decided to yell comments at my girlfriend asking if she wanted a boyfriend, after I told him that I was the... View More
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answered on Jan 3, 2025
You have the right to be concerned about being recorded without your consent. California’s privacy laws primarily focus on audio recording and whether you had a reasonable expectation of privacy. A busy store may not guarantee complete privacy, but covert filming by a random person can pose legal... View More
The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More
answered on Dec 15, 2024
File a trademark application with the USPTO.
Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned... View More
- I created a blueprint for a massive new game mode for a videogame
- The blueprint was hosted on my self-created website + a 3rd party platform. Some 3rd party elements were "embedded" in my site.
- The 3rd party platform had browsewrap TOS that said "author owns... View More
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answered on Dec 11, 2024
You're dealing with a complex intellectual property situation that intersects with contract law and technology. Based on the timeline and details you've shared, pursuing legal action could be challenging due to California's statute of limitations, which typically requires claims to... View More
It’s a common fishing lure. He didn’t add anything special to the lure
answered on Dec 6, 2024
I don't know which patent or lure you are speaking of, but occasionally the patent examiner will make a mistake and register a patent which is obvious or not novel. There is a procedure at the USPTO to contest a registered patent if you can provide documentation (aka, prior art) that was not... View More
Does being a ppl uk member mean having to monetize song production and promotion? And if the ppl uk recording rightsholder has representatives, would the representatives handle legal issues on behalf of him/her?
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answered on Nov 27, 2024
PPL UK (Phonographic Performance Limited United Kingdom) has specific responsibilities for its members, who are primarily music rights holders and performers. Being a member doesn't require you to monetize your music - instead, PPL UK works on your behalf to collect royalties when your... View More
Our 21 lb dog bit an uber eats driver on the calf piercing his skin and he and his attorney are seeking compensation over insurance limits. Our insurance company sent us a declaration of assets, insurance and employment under penalty of perjury to complete with the policy limit settlement to send... View More
answered on Nov 18, 2024
You don't have to disclose your assets, other than insurance limits, even during litigation, unless punitive damages are sought.
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answered on Nov 14, 2024
Using someone else's private communications like emails and texts in songs without permission can lead to serious legal issues. Personal communications are protected by copyright law, and the original writer typically owns the rights to their content. Additionally, publishing private messages... View More
Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More
answered on Nov 8, 2024
The titles of books cannot be copyrighted.
Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing.... View More
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answered on Oct 3, 2024
When dealing with the enforcement of your intellectual property, a 50% contingency fee plus expenses can be common, particularly in cases where the outcome is uncertain. This arrangement means that the attorney only gets paid if the case is successful, aligning their incentives with yours. However,... View More
I have a copyright certificate for my origami book, but I’ve noticed a competitor selling a kit that includes a book featuring patterns and text that are very similar to mine. This competitor has been very successful on Amazon, particularly during peak sales seasons, which raises my concerns... View More
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answered on Sep 18, 2024
To protect your rights, the first step is to compare the specific elements of your book that are copyrighted, such as the text, illustrations, and unique pattern descriptions, with the competitor’s kit. Copyright protects the expression of ideas, not the ideas themselves, so it's important... View More
He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More
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answered on Sep 10, 2024
You have grounds to take legal action against your uncle for the loss of your computers and the valuable work they contained. Since he was entrusted to hold your belongings and had agreed not to throw them away, his actions could be considered a breach of a verbal agreement and potentially even... View More
For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.
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answered on Sep 9, 2024
Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More
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