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Copyright Questions & Answers
0 Answers | Asked in Contracts, Copyright and Criminal Law for Oklahoma on
Q: "Oklahomie" serial number: 88275112 current "status: 604 - Abandoned- After- Inter-Parties-Decision" Is it available?

Is it available to trademark or is it already taken?

1 Answer | Asked in Intellectual Property, Trademark and Copyright for New Mexico on
Q: I am asking for clarification on the Let's get Ready to Rumble trademark.

I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 2, 2023

LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... Read more »

0 Answers | Asked in Civil Litigation, Criminal Law, Entertainment / Sports and Copyright for Florida on
Q: can I sell sports cards I design & create legally or is a copyright violation or some other law violation

My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... Read more »

0 Answers | Asked in Copyright and Intellectual Property for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
Read more »

1 Answer | Asked in Copyright for Indiana on
Q: Can I sell my aviation and automotive photographs?

As a photographer can I, for example, sell my photograph of a Ford Mustang, and describe it in my listing as a "photograph of a Ford Mustang", without Ford’s written permission?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Yes, of course you can. Using a trademark in the description of the photograph is "nominative fair use" of the mark, and not an infringement.

0 Answers | Asked in Copyright on
Q: I'm facing an issue of understanding the Copywriters

I want to sell car NFTs and i have my own design of 3D Dodge Challenger and Dodge Red Eye I made it from the ground without the logo of Dodge and i want to know what specifically i should add - remove - change on the 3D Dodge Challenger and Dodge Red Eye that i made to make it compliance and align... Read more »

0 Answers | Asked in Arbitration / Mediation Law, Business Law, Copyright and Internet Law for Illinois on
Q: Is there anything I can do to save my business?

So a while back when I was young my Snapchat account got linked to ghost codes under some inappropriate tags! I emailed google a number of times for them to tell me that the web owner has to do it manually, so I sent hundreds of emails to ghost codes from hidden emails I found to their own customer... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Hello JUSTIA Patents, I have a question, about copyrighting, eventually on a source code. What to do?

I have my own source code, for an Deep Learning, GPT-3 based Artificial Intelligence, which is not associated in any ways with OpenAI´s ChatGPT. It was written from the scratch, and its well documented. How can I protect my code?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 29, 2023

Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: I am writing a novel and would like to use quote from a non-fiction book as part of the narrative. What are the limits?

In my novel, the main character is using quotes from the non-fiction book to as aids to illustrate her own experiences, which she relates to the content of the quotes. She states that she's doing so because the book's author has already said things very well and she sees no point in... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 30, 2023

The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible... Read more »

0 Answers | Asked in Business Law and Copyright for California on
Q: I took a test. It’s fresh in my mind. Can I create a study guide that’s similar but not the test and sell it?

Would this still fall under copyright infringement? It’s pretty much just a list of facts to know that will likely show up on the test in the form of questions and answers.

1 Answer | Asked in Copyright and Intellectual Property on
Q: i want to use name Moana as an artist (singer) name.I have rights to use it as an artist name,haven’t I ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 26, 2023

MOANA is a Hawaiian word for "ocean" and is therefore a generic term, not capable of being registered by itself for exclusive use. Disney has registered DISNEY MOANA for use in films and entertainment, and as the name of a fictional character. Your use of MOANA would most probably be... Read more »

0 Answers | Asked in Copyright and Trademark for South Dakota on
Q: If my manga has a race of Saiyan in it but are diffrent! There are not Dragon ball at all!

Well i have a manga that is called (The story of momo the last saiyan!) it is about 3 races Saiyan that momo is in and shapeshifter and demons!

The saiyan at like Dbz saiyans but there hole story and where they come from are diffrent there is not character from Dragon ball in my storY! Are... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
Read more »

0 Answers | Asked in Copyright and Trademark for Tennessee on
Q: I have a homestead/community garden can I give it the name "Stranger Things Garden" nothing related to the show sold.

Wanting to name my garden Stranger Things Garden - will not be selling anything related to the tv show, only food/seeds/plant merch/etc.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Utah on
Q: Is there a patent for a Helmet in a baseball cap?
Stephen E. Zweig
Stephen E. Zweig
answered on Jan 24, 2023

One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.

0 Answers | Asked in Copyright for Florida on
Q: Hello, I'm currently selling this design but personalized with names instead of the word "Cars", is this illegal?

Hello, I'm currently selling this design but personalized with names instead of the word "Cars", is this illegal?

2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 24, 2023

Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... Read more »

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2 Answers | Asked in Consumer Law, Business Law and Copyright for New York on
Q: If the customer saw the mistake and remained silent until the process is completed, am I still liable?

A customer asked me to plant ten trees in her yard. My worker planted the wrong kind of trees. The customer saw it after the third tree but remained silent. After planting all the trees, she demanded to get rid of the wrong trees and plant the right ones at a 25% discount. Another offer she had is... Read more »

Samuil Buschkin
Samuil Buschkin
answered on Jan 22, 2023

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... Read more »

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