DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George... View More 
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answered on Feb 28, 2024
Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent... View More
selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy
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answered on Feb 28, 2024
Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use... View More
I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More
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answered on Feb 22, 2024
Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More
I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More
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answered on Feb 22, 2024
Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More
Can I file and serve my opposition now or do I need to wait closer to the date?
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answered on Feb 22, 2024
In California, the timing for filing and serving an opposition to a demurrer is governed by specific rules. Generally, your opposition to the demurrer must be filed and served at least nine court days before the scheduled hearing date. This allows the court and the opposing party adequate time to... View More
Currently we are having an infringer who upload our content without approval. We have copyright claim them and they counter it. Now youtube request us to have proof of legal action against them. I was wondering if we can sue them under 17 U.S.C. § 501 Copyright Infringement if in California state... View More
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answered on Feb 21, 2024
Yes, a foreign company can sue for copyright infringement on the YouTube platform in California. The United States Copyright Law, under 17 U.S.C. § 501, applies to works that are copyrighted in the U.S., regardless of the origin of the copyright holder. This means that if your copyrighted content... View More
Concerned about copyright infringement or privacy issues withhomeowner?
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answered on Feb 21, 2024
You would likely be fine here. I will say that, before posting pictures and descriptions of custom homes on your new website, it's important to consider potential legal issues such as copyright infringement and privacy concerns. You likely own the copyright if you, yourself, took the... View More
The court allows Plaintiff 20 days leave to amend.
(II) Fraud in the Inducement
Calendar No.:Event ID: TENTATIVE RULINGS3053197 7
Page: 1
CASE NUMBER:CASE TITLE: FOSTER VS GILDRED [IMAGED] 37-2023-00038663-CU-CO-CTL
(III) Fraud in the Inducement
(IV)... View More
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answered on Feb 15, 2024
It seems that you are seeking legal advice for conduct of litigation. Legal advice is not properly provided outside of an attorney-client relationship. In order to answer the question, the context needs to be known. The question states, "Demurrer was issued a tentative order." That is not... View More
I’d like to use a two-word phrase of common words on my apparel line (t-shirts, caps, etc.), but I found a trademark filing for these words. From what I see on the TSDR the trademark is a service mark that is still pending. The Mark information is a Standard Character Mark with no claim to font... View More
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answered on Feb 21, 2024
Good questions! To answer this:
- The trademark with a status of "Notification of Non-Final Action Emailed” means the USPTO examiner issued an initial refusal or required some changes to the application. It is still pending and not registered.
- Importantly, a pending... View More
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answered on Feb 21, 2024
Yes, you automatically own the copyright to any original handouts, drawings, or other educational materials you create as an instructor. Here are some key points about copyright and your teaching materials:
- Your works are protected by copyright from the moment of creation in a fixed,... View More
I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.
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answered on Feb 21, 2024
Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the... View More
"This application is a continuation-in-part and claims benefit of U.S. patent application Ser. No. 14/821,555, filed Aug. 7, 2015, which is a non-provisional and claims benefit of U.S. Provisional Application No. 62/035,412, filed Aug. 9, 2014, the specification(s) of which is/are incorporated... View More
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answered on Feb 21, 2024
Yes, your understanding is correct. Breaking this down:
- The application claims priority and benefit back to a provisional application filed on August 9, 2014.
- This establishes August 9, 2014 as the effective priority date for assessing patentability, including the novelty... View More
I want to use a couple of fonts (Cabin by ImpallariType and Liberation Sans from Liberation Fonts) which it says are licensed under the Open Font License for YouTube videos which I plan to monetize. I want to make sure that I am actually free to use them commercially for free before using them... View More
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answered on Feb 21, 2024
The Open Font License (OFL) allows you to use fonts like Cabin and Liberation Sans for commercial purposes, including monetized YouTube videos. However, it's important to review the specific terms of the license to ensure compliance with its requirements. The OFL typically permits you to use,... View More
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answered on Feb 21, 2024
The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More
How much will it cost
answered on Feb 10, 2024
Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More
I’m working on a startup idea that focuses on summarizing specialized newsletters content and send it to them via email. In the summary, there will be link to the newsletter full content.
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answered on Feb 21, 2024
Here are a few key considerations around potential copyright infringement for summarizing newsletter content using AI tools:
- Newsletters are typically copyrighted content, so reproducing substantive portions of the text without permission could constitute copyright infringement. However,... View More
If I own the TM of the stream name in the US, can other streamers in other countries make money off the same stream name off US viewers?
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answered on Feb 6, 2024
If you successfully trademark your stream name in the United States, it provides you with legal protection within the U.S. This means that others in the U.S. cannot use the same stream name for their streams or related activities without your permission. However, trademark rights are generally... View More
I’m the originator of the concept, she’s the thief. Her lawyer even acknowledged I’m the rightful creator, but that she’s going to steal it anyway. (He is not the brightest.) I’ve spent thousands on a brilliant, qualified, California attorney to respond to this guy’s rants, and he... View More
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answered on Feb 1, 2024
In the United States, practicing law without a valid license is prohibited, and lawyers must be licensed in the specific jurisdiction where they are representing clients. If the Canadian lawyer does not have a U.S. license and is involved in a California case, it may raise concerns about their... View More
1st competed in licensed boxing (WBO, WBC, & IBF), then competed in kickboxing (K-tournament), then set record in NBA summer leauge (Lakers - 120 points), also competed in NFL as a saftey (Raiders). I filed a copyright of a written recollection of this time and am waiting for return correspondence.
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answered on Jan 31, 2024
To sub-license the media rights from your athletic career, it's essential to first understand the ownership and control of these rights. For your time in licensed boxing (WBO, WBC, & IBF), kickboxing (K-tournament), the NBA Summer League with the Lakers, and the NFL with the Raiders, the... View More
Talent/Model Release
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows: I hereby give and forever grant to ______________, licensees and producers or publishers of its promotional materials and their successors and assigns,... View More
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answered on Jan 21, 2024
Under California law, the language in this talent/model release grants extensive rights to the party you're signing with. By agreeing to these terms, you're permitting them to use, publish, and copyright your image, not only for the specific project named but potentially for broader... View More
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