You might have a claim for copyright infringement. I've handled a similar case in federal court involving the unauthorized use of photographs of models. You need an attorney to research the cause of action and make a formal demand, at the very least. I am very interested in the case. Feel free... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2021

I’m not sure it is possible to answer this question intelligently due to insufficient facts. How are they member-managers if there’s no operating agreement? And you’re right, fiduciary duty would attach to member-managers. You need to retain a business lawyer to get into the facts in order... View More

Depends.

You should consult with an attorney to address your concerns.

Yes, as well as corporate and possibly tax. The characters, likeness and their use are currently owned by DC Entertainment which is a subsidiary of Warner Brothers etc..

What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... View More

A claim is just that. A claim. The claim is against yourself, not the property. You should be able to sell it still.

Sorry, but you can't. Licensing terms, such as financials, are typically highly confidential.

The best that you can do is to find out whether the patent has been assigned to someone. Such assignments are typically recorded at the Patent Office.

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not... View More

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... View More

I would want my own agreement with a contractor. You want to be sure you own the IP and that the contractor is not using someone else’s work. There are many considerations that need to be looked at with this type of arrangement. Just a brief look at that link, it looks like optional provisions... View More

What you are trying to ask is very unclear, but if the property was transferred by deed (from the decedent who owned the property) before the decedent died, a will would probably not have any effect upon title to the property.

You should consult with an attorney to understand your risks

In general trademarks can coexists if they are in different categories that there is no chance people can get confused as of the origin of the product or service

Typically if you get paid to do work for somebody else they own the product and all intellectual property attached to it.

If you started the project under them and you were getting paid, most likely they are the owners.

Talk to them and consult with an attorney to understand your... View More

Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any... View More

I am sorry for your loss and the passing of your father, please accept my condolences and sympathy for your loss and this difficult time, You will need to speak with a Florida Probate Attorney, you will also want to get a copy of the deed to have it reviewed. It is likely that some version of... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... View More

A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other... View More

You need to visit with a lawyer who specializes in intellectual property. I don't know where you are in the state, but if you call The Florida Bar in Tallahassee they can point you in the correct direction.

Good Luck

d

While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... View More