Get free answers to your Intellectual Property legal questions from lawyers in your area.
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 11, 2024
You may have grounds to sue for damages based on the concept of negligence or conversion, which involves someone taking or disposing of your property without permission. Since your uncle was supposed to hold onto your belongings and you relied on that agreement, his actions might be considered a... 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
I have a 20 million dollar lawsuit against a company for breach of contract. They are still using my technology how can I stop them now. they are going to put that money into another account.
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answered on Aug 13, 2024
To stop the company from using your technology immediately, you need to file for a temporary restraining order (TRO) in court. A TRO is an emergency measure that can halt their actions until a formal hearing can be held. You'll need to demonstrate that you’re likely to win your case and that... View More
I own a shared piece of intellectual property (screenplay) with a writing partner. My partner had a psychotic break, stopped taking his bi-polar medication, was briefly institutionalized, blocked all communication from me and hasn’t been seen by anyone in weeks. Is the script dead because he’s... View More
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answered on Aug 3, 2024
Navigating the situation with your co-author can be challenging, especially given their current circumstances. Since you co-wrote the screenplay, both of you generally have equal rights to the work, which complicates matters when one party is unresponsive. It's important to gather all... View More
I have a concept for a sandal that I'm trying to get made. I was researching patents, and I don't know if my specific ideas has been made and patented or not.
answered on Aug 5, 2024
The best way to determine prior patent status of a product is to engage with a patent professional to engage in a freedom to operate search. Prior to that step though, to determine if your product has been patented by someone else, consider the following:
First, understand that patents... View More
I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes
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answered on Jul 26, 2024
You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More
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answered on Jul 20, 2024
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More
answered on Jul 25, 2024
Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:
Trademark Issues:
Caitlin Clark's name may be protected as a... View More
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answered on Jul 18, 2024
Using the color schemes of superheroes for your podcast logo can potentially cause issues, depending on how closely it resembles the original characters. If the colors and design are distinctive enough to be associated directly with specific superheroes, it might infringe on copyright or trademark... View More
A multi-billion dollar orgnization filed a lawsuit against a small company. The lawsuit was filed under California Uniform Trade Secrets Act (CUTSA) and Defend Trade Secrets Act (DTSA) . Even though the whole issue happened in India. Since defendant company is very small orgnaization. They could... View More
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answered on Jul 18, 2024
In a situation where a default judgment is passed, reaching a settlement afterward can alter the terms of the court order. If both parties agree on a settlement, the plaintiff can file a motion to set aside or vacate the default judgment based on the new agreement. This typically requires court... View More
I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).
Now I have a few questions from the Trademark office to respond to (office actions)... View More
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answered on Jun 26, 2024
I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:
1. Geographic terms in trademarks: The use of geographic terms... View More
Yes
answered on Jul 27, 2024
It's anyone's guess why your attorney is not paying you (presumably from the award in a lawsuit you won?). One general guess could be that they await signing of a release or acknowledgement of no liens - those are sometimes common delay issues in cases (in general). If it's something... View More
Case Number 23SMCVO4O18. proves the truth
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answered on Jun 22, 2024
I can offer some general information about copyright law and legal proceedings:
1. Copyright actions can be complex, and the outcome depends on many factors specific to each case.
2. Intent is often an important element in copyright infringement cases, particularly when determining... View More
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answered on Jun 21, 2024
To answer this question thoroughly, we need to consider several legal and ethical aspects:
1. Intellectual property:
- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.
-... View More
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