Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Florida on
Q: Could "The Blair Ghost Project" title infringe on Blair Witch trademark?

I'm planning to title my novel "The Blair Ghost Project" as an homage to the Blair Witch series. The novel is intended for commercial publication, and I haven't used the title publicly yet. The only similarity is that the main character, Blair, investigates a murder. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025

You're right to think carefully about this before publishing, especially since you're planning to use the title commercially. “The Blair Ghost Project” is very close in sound and structure to “The Blair Witch Project,” which is a well-known and trademarked property. Even if your... View More

1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Can I trademark my app named BookQuest despite existing registration?

I am developing a geo-location trading app with gamified features and want to trademark the name "BookQuest." However, I've found that "BookQuest" is already registered under Barnes & Noble Booksellers, Inc. for online retail bookstore services, specifically for rare,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025

If the trademark "BookQuest" is already registered by Barnes & Noble for their specific services, it may pose a challenge to using the same name for your app, even if your app’s purpose is different. Trademark law typically protects names that are associated with particular goods or... View More

1 Answer | Asked in Trademark, Civil Litigation, Business Law and Intellectual Property for Florida on
Q: Defendant in Florida lawsuit seeking dismissal without charges or admission of guilt; no profit and limited resources.

I am a defendant in a mass lawsuit filed by Tangle Inc., alleging trademark infringement, willful counterfeiting, false association/false designation of origin, and jurisdiction in Florida. My only sale in Florida was a test purchase by the law firm made on November 1st, 2023, and I don't... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025

First, it's important to respond to the lawsuit in a timely manner, as ignoring it could result in a default judgment against you. If you haven't already, file a formal response to the court, which usually includes an answer to the complaint and any defenses you wish to raise. Given your... View More

3 Answers | Asked in Copyright, Contracts and Intellectual Property for Florida on
Q: How can I self-publish a book previously serialized in a magazine?

About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More

Sean Goodwin
Sean Goodwin
answered on Apr 2, 2025

I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More

View More Answers

1 Answer | Asked in Business Law, Contracts and Intellectual Property for Florida on
Q: Can former employer sue for removing documents from personal account?

I worked for a company where I created and stored documents and projects on my personal Google Drive account with the employer's consent. After leaving the company, I removed these documents from my account. The signed offer letter and NDA did not specify storage policies for company documents... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

Yes, your former employer could potentially sue you for removing documents from your personal Google Drive account, even though you created them and stored them with employer consent. The key issue here revolves around ownership of intellectual property created during employment. Generally, works... View More

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: How can I verify and recover my lost trademark for "The House Of Brick Body Beauty LLC"?

I'm concerned I may have lost my trademark for "The House Of Brick Body Beauty LLC," initially registered in the beauty class around 2017. I no longer have access to previous communications about the trademark and I'm unsure why it might be lost. Could you advise on steps to... View More

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2025

Hi, Taneshia. Here is a link to all the communications from the USPTO about your trademark: https://tsdr.uspto.gov/#caseNumber=90302327&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

View More Answers

2 Answers | Asked in Trademark, Business Law and Intellectual Property for Florida on
Q: Trademark concern between DiTu Best Sandwiches and D'TU Pizza in same area.

I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

David Aldrich
David Aldrich
answered on Mar 28, 2025

There is a federal trademark registration for D'TU PIZZA:

https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch

What you should do will depend in part on the dates each of you began using the marks and...
View More

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Florida on
Q: Can I trademark a name if another company uses it as a DBA in Florida in a different field?

In Florida, I discovered another business using the same name as my corporation but registered as a DBA. Their DBA was registered two years before I formed my corporation. They are involved in cheerleading, while my business is involved in other sports. I have conducted a broader trademark search,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025

You might be able to trademark this name despite the existing DBA in Florida. Trademark protection generally depends on the likelihood of confusion between businesses, and since your corporation operates in different sports than the cheerleading business, this works in your favor. The fact that... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Florida on
Q: Ownership rights for songs created with Suno AI with original lyrics.

I create songs using Suno AI under a paid subscription. While the music is created by Suno, the lyrics are 100% my original works, and I've submitted them for copyright through the Copyright Office. A musical artist, who is signed with a label, is interested in recording a few of my songs. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025

You own the copyright to your original lyrics, especially since you’ve already submitted them for registration. However, the rights to the music itself depend on Suno’s terms of service. Since you’re using a paid subscription, you may have some rights to distribute or sell the songs, but... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: How to protect my tabletop RPG from being claimed by others when published on DrivethruRPG?

I plan to publish a tabletop RPG that I created on DrivethruRPG, but I'm concerned about protecting it from someone else claiming it as theirs. I don't have a lot of money for intellectual property protections like copyright or trademarks, and I'm unsure about licensing options. The... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

Protecting your tabletop RPG doesn't have to be costly or complicated. Once your game is in tangible form, like a PDF on DrivethruRPG, it automatically gains copyright protection under U.S. law. To strengthen your claim without spending extra money, include a clear copyright notice (©, your... View More

1 Answer | Asked in Business Law, Intellectual Property, Civil Litigation and Contracts for Florida on
Q: Feasibility of legal representation in Florida for UAE company with contingency fee arrangement.

We are a UAE-based company that is the plaintiff in a lawsuit for breach of a settlement agreement against entities in Florida, including a major, billion-dollar brand. Our claims exceed tens of millions of dollars. We've completed substantial work over the past year with large legal teams. We... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2025

Finding legal representation in Florida under a contingency fee arrangement, particularly for a substantial commercial litigation case involving intellectual property rights, is feasible. Given your situation—a high-value claim exceeding tens of millions of dollars, substantial groundwork already... View More

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Could using a deceased artist's superhero artwork in my company be infringement and how to find rights holder?

I want to use the aesthetic of a superhero in my company's apparel for visual aids to be seen by potential clients. I haven't contacted the creator for permission because I believe they have passed away recently. Could using this artwork be considered infringement, and how should I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2025

Using artwork without permission, even if the creator has passed away, could indeed constitute copyright infringement. Copyright protection typically extends for 70 years after the creator's death, and the rights usually transfer to their estate or designated beneficiaries.

Your first...
View More

2 Answers | Asked in Contracts, Intellectual Property and Business Law for Florida on
Q: Can I use Disney in my book title as a retired executive?

I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More

Erik A. Perez
Erik A. Perez
answered on Feb 17, 2025

It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I make an svg file from a photo on the internet, is the product I make under the copy-write of the photographer?

SVG files are used to make products with cnc, laser, and other cutting machines.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2025

When you create an SVG file from a photo found online, it's important to consider copyright laws. The original photograph is likely protected by copyright, which means the photographer holds the rights to the image. Even though you're converting the image into a different format, the... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: I got patents along with others with PPG. I started a buisness they were never involved with. That buisness exists today

My boss Jim had no idea how to go about the printing industry having ever been involved in that or PPG. I was recruited by them to basically sell their unknown synthetic paper thanks to me is now called Teslin (r) I made my mission happen. Before me it didn't exist

Teslin synthetic paper

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

Your pioneering work with PPG in developing and commercializing Teslin synthetic paper represents an impressive achievement in materials innovation. Your ability to recognize the potential of this product and successfully bring it to market demonstrates remarkable business acumen and vision.... View More

2 Answers | Asked in Copyright, Intellectual Property, Criminal Law and Entertainment / Sports for Florida on
Q: Can I secretly record, in Florida, at a church event. If possible I will openly use my phone. Faces will be blurred, etc

I am attending an event in Florida at a church, a 'healing school'. I don't believe you have to sign any documentation to say you can't film. If I can film anything whilst there openly with my phone, I will. But I would like to wear a secret camera if not.

This is an... View More

Michael Rubin
Michael Rubin
answered on Jan 15, 2025

no, secret recordings are not legal in this situation because you are not a licensed investigator

View More Answers

1 Answer | Asked in Intellectual Property for Florida on
Q: Can I Take Legal Action to Get an OnlyFans Video Removed? I agreed but now I'm revoking my consent

I agreed to film onlyfans with someone back in July in Florida.

At the time, I was committed to pursuing OnlyFans and didn’t mind the video being posted. He told me upfront, “Don’t ask me to delete it because I won’t,” and I agreed. However, I’ve since decided to switch... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025

Given that you initially consented and there was a verbal agreement about not requesting deletion, this situation involves complex legal considerations around content rights and consent. Despite your changed circumstances, the initial agreement might make legal action challenging.

However,...
View More

2 Answers | Asked in Gaming, Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: Hello, I found an OGL for a game called OpenD6, I was seeking help with understanding the OGL

I am working on a tabletop game with an Open Game License, I was just wanting to make a little side project I could publicly put out there/gain donations for the project and not get into legal hot water.

My game is generic, so I know that bit won't cause any issues, but, I'd... View More

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2024

Open game licenses are interesting beasts because the fundamental concepts and mechanics of tabletop games are not protectable by any form of intellectual property. This is a particular interest of mine and one that I'd be glad to discuss in depth offline.

View More Answers

1 Answer | Asked in Contracts, Collections, Communications Law and Intellectual Property for Florida on
Q: Do I have to pay this charged off vehicle?

I live in Florida. I was behind on my car payments but made it current the month that my finance company did a charge off on the car. I even spoke with them on the phone and nothing was mentioned to me about the charge off happening. I was only told that I should refinance to trade the car in. They... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

Even though your vehicle was charged off, you may still be legally responsible for the remaining balance on the loan. A charge-off means the lender has decided the debt is unlikely to be collected and has written it off their books, but this doesn’t cancel your obligation to pay. The debt can be... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Products Liability and Intellectual Property for Florida on
Q: Can a YouTuber legally audio watermark police interviews they obtained via a FOIA request from the courts?

I would think the police interviews, body cams, etc are copyright the police and state. Thanks.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.