Get free answers to your Intellectual Property legal questions from lawyers in your area.
I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC
answered on May 6, 2023
Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... View More 
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... View More
answered on Apr 10, 2023
This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.
Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... View More
I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.
answered on Feb 14, 2023
To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... View More
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)... View More
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answered on Feb 25, 2023
It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... View More
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... View More
answered on Jan 16, 2023
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... View More
I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... View More
answered on Oct 28, 2022
Dear Mrs or Mr,
this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and... View More
We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.
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answered on Oct 31, 2022
You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... View More
While my now ex boyfriend and I was in jail. A friend got my car impounded. I could have sold it but I didn’t want to. My daughter’s grandma was even offering to get it out. To give to my daughter but she wanted to put it in her name. I didn’t want to sell it so my boyfriends mom said she... View More
answered on Jun 15, 2022
Whether there is something you can do that would have very good odds in your favor depends on the powers you specifically gave her in the POA. Was the power strictly limited to removing the vehicle from impound in order to give it to you, or was it more general? Either way, a good first step... View More
I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked... View More
answered on Feb 28, 2022
You should definitely consult with an attorney.
She may have rights to a brand even if it is not registered.
The police said I should handle this through arbitration. I have title.
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answered on Feb 25, 2022
That's too bad police did not want to deal with it. You have an option of filing a complaint for Civil Theft. Once you get a judgment you will have to initiate a collection suit asking for a Writ of Replevin that's when you turn over that document to the police and they go and get it.
I own a small business that prints artwork wholesale for individuals and businesses. We take every necessary precaution that we’ve purchased rights to most of the art that we print, but some art comes to us by email from businesses that assure us they have permission to reproduce it. What if... View More
answered on Feb 4, 2022
Have them provide proof of permission.
Either a license, contract or similar.
Have them sign your terms where they become liable and protect you.
And check with professional liability, to see if you can buy protection for copyright infringement.
Consult with an attorney.
Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.
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answered on Jan 21, 2022
You should probably repost it under trademark or intellectual property.
Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.
It's been year and hakf we been divorced
answered on Jan 15, 2022
What do you mean you "didt (sic) do community property yet"; Florida isn't a community property state?
I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... View More
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answered on Jan 14, 2022
Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain
I was at my fiance's grandmother's house who is storing some possessions of her son's. Her son gave her a Christmas tree, so we set it up for her. However, he had a top to another Christmas tree there that we thought belonged to the one he gave her . It didnt light up since it... View More
answered on Dec 13, 2021
If the son gave her the tree, it is not his. So no, he couldn't recover for negligent damage to the tree.
Don't want to get sued if someone else uses the name either.
answered on Nov 14, 2021
A trademark is what you are looking for. In the United States, they are established through use in commerce ("common law trademark.") To protect your rights in it, though, you should register it. Trademarks can be registered with a state or a federal government office. Federal... View More
property was hidden that petitioner was in trust for him , bc trustee got divorced and were not able bc my father took my identity and sold the property to him self then when my mother went to sell she couldn't bc it was trust assets and deed and tittle in my name
answered on Nov 6, 2021
Do you have a question? If you do not know what to ask, you should contact an attorney for a consultation as a start
My dad didn't want to put any money in the house to be built,so he did not. About 2yrs went by an my father took a nasty fall down the balcony stairs one night an now he has neurological problems an of course on medication. One evening i looked up the property an it use to be in both there... View More
answered on Oct 28, 2021
It wouldn't be your "inheritance" until he were to die. But you could talk to an attorney about possibly becoming his guardian and asking that the deed be set aside.
Fees to copyright songs have risen greatly. While one can copyright a batch of songs (10) to save on fees I am looking for an alternative. As a song author, how can I protect a song without having to initially copyright it?
If the interest was to be had in a particular work I'd... View More
answered on Oct 22, 2021
Registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.
ear straps for a binky for babys attached to the side wholes of the binky. i would like to actually create something like this and see its already out but wanted ,ore information on it. i saw clips that you clip onto the binky but i was to have mine built in and mass produce. can you help me please?
answered on Oct 13, 2021
You will need to contact a patent attorney to determine if your product would infringe on a patented product. Perhaps the patent you saw has already expired or no longer valid, but there may be other patented products that you may be at risk of infringing. It is important to determine the... View More
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