Get free answers to your Intellectual Property legal questions from lawyers in your area.
the podcast would be sponsored, and the dnd game would be my own.
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answered on Jul 18, 2024
Using the name "[dnd name] sparknotes" for your podcast could potentially lead to trademark issues. "SparkNotes" is a well-known trademarked brand, and using it in your podcast title might be seen as implying an association with or endorsement by SparkNotes. This could result in... View More 
I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?
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answered on Jun 19, 2024
Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:
In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement... View More
answered on Mar 15, 2024
If someone is infringing your product or process, you need to see a patent litigation attorney.
The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or... View More
My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?
answered on Feb 22, 2024
It is possible. You will need to consult with a patent attorney and go through the dates of specific events.
If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public... View More
NA
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answered on Feb 23, 2024
When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More
The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review
answered on Jan 17, 2024
Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More
It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More
answered on Aug 10, 2023
This raises both copyright and trademark issues, but both bend in your favor.
The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,... View More
I took a photo of a bmw m3, in a public area and I edited the photo and designed it, and I’m wondering if I can put it on a shirt and sell it.
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answered on May 7, 2023
In general, yes, you can take a photo of a car in a public area and use it for commercial purposes such as selling it on a shirt. However, there are certain legal considerations to keep in mind, such as potential copyright or trademark issues if there are logos or branding visible on the car.... View More
answered on Mar 27, 2023
You should consult with an attorney to make sure you are not violating anybody's rights.
It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.
answered on Mar 7, 2023
Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.
Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies... View More
I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... View More
answered on Mar 25, 2022
Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register... View More
During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... View More
answered on Oct 27, 2021
The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.
Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a... View More
answered on Oct 6, 2020
Ideally use a personal contact, or find one. If none exist, you will have a hard time getting its attention. However, there is some precedent for Elon Musk taking notice of people who reach out to the company directly via Twitter. If you're lucky you might get someone's attention.... View More
It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.
answered on Jun 10, 2020
When doing research about trademarks and copyrights look at uspto.gov and copyright.gov.
You can search for trademarks on TESS. Your trademark search should include more than TESS.
Consider hiring an intellectual property attorney to do a full analysis of the facts specific to... View More
I want to create a social app for people that collect things, but I need public data to do it. For instance, this site http://www.tycollector.com/beanies/beanie-roster.htm has a list of all beanie babies and info about them. I need the data so collectors can id their items. They would be able to... View More
answered on Jun 10, 2020
Copyright related to compilations of data is a specific area of copyright law and analysis of the exact list and estimations of the mental effort and transformation to the underlying facts in the list may be part of the analysis. If you are doing research on your own, and want a potential starting... View More
Star Wars , a Harry Potter and other trademarked characters or brands used to make a baby shower gifts I sell. I want to make sure I don’t get sued or violate any trademark, copyrights, etc
answered on Apr 10, 2020
You can always be sued.
Most big companies decide not to go after small guys, specially if it is in the fan realm like in Comicon.
You do not have zero risk, you are at the mercy of what the owners want to do.
answered on Dec 5, 2018
That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.
The first question can be answered by a patent lawyer by performing a patentability assessment. The answer... View More
I'm interested in starting a clothing store and would like to know if it is possible to get permission to use professional sports teams logos and if so...how to go about doing that.
answered on Nov 13, 2018
It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees.... View More
answered on Nov 14, 2018
Yes. Broadly speaking if it's both a creative work (copyright) as well as a source identifier (trademark), then it may be covered by both types of IP. This is sometimes referred to as "industrial art."
to mine?
answered on Sep 17, 2018
This is out of my practice area, but I can confirm that there are multiple types of protections: patents, copyrights, trade secrets, and trademarks are the main categories we often think of (with some subcategories I believe).
Each of these can be highly technical, and you will often find... View More
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