Get free answers to your Intellectual Property legal questions from lawyers in your area.
i recently started selling pop up phone grips online, not thinking or researching if there was a patent. I got them cheap from a supplier on Alibaba and listed on Amazon. I have only been selling for a week now and popsocket, which is the brand name which owns the patent, has reported my listing as... View More

answered on Nov 15, 2017
I have seen a patent case that was awarded less than a dollar in damages as they wanted to make a point in a bigger set of battles.
As a practical matter, if you can show that you shipped them back to your supplier for a refund, then it is unlikely that they will chase you. We do not know... View More

answered on Oct 27, 2017
There is no maximum amount of Trademark am individual or a company can own.

answered on Oct 24, 2017
A trademark Owner may file a request to reinstate a registration if the registration was cancelled or expired for failure to file a section 8 affidavit, trademark renewal or response if they can provide proof that the cancellation was due to USPTO error or that the registrant didn’t receive the... View More
I own a small ecommerce website where I sell some items bearing the names of very famous people from the past, like Michael jackson, muhamad ali, marilyn monroe, etc, can I get in trouble for doing that? A corporation recently contacted me regarding using the name of Frida Khalo on my site, she is... View More

answered on Oct 13, 2017
Maybe yes. If you are duplicating her image, likeness or name (signature) you may be violating trademark/copyright laws.
You need to speak with a patent/trademark attorney on this topic as that is a specialized area of law

answered on Sep 27, 2017
Start with checking your credit to see if it matches your transactions.
Good luck,
If I used my own personal computer to write the code for an app, but tested the app on a company phone, do they have any claim to it? Wouldn't that be the same as downloading an app from the app store in terms of not having a claim to IP?

answered on Oct 23, 2017
The answer will largely depend on if you built the app for your company or while working for your company for their benefit and also what if any, your employment agreement or handbook states about Intellectual Property while working for the company. I suggest you contact an attorney so your... View More
I made an album cover for a very famous rap artist, and I sent it to him. A few days later he posted it on his official Instagram for millions to see, but he cropped my logo off of the bottom. Now the image is being used in thousands of places on the internet without my permission, and the famous... View More

answered on Sep 25, 2017
It appears you likely do have a case for copyright infringement. If you created the album cover, you are the copyright owner. You have the right to determine whether your work is reproduced. One thing to consider is whether your message to him granted him permission to use the artwork. An... View More
Company A is called "Cool Couture" and they make t shirts, hats, etc.. The print the word "Cool" (yes, the adjective cool) but in a stylized form on their t shirts. Company B is has t shirts with the word "Cool" printed on them. NOT in the stylized form that company... View More

answered on Sep 21, 2017
Trademark law is based principally upon consumer confusion. It is a source identifier. So if in your hypothetical COOL (the word alone; not stylized) is so well known that people associate it with one particular t-shirt maker, then potentially that company could prevent others from using the word... View More
the work? The book has never been published in the US.

answered on Sep 21, 2017
Generally speaking, intellectual property rights depend on the country where they are issued/recognized. For example, a Chinese patent is not enforceable in the United States, only a U.S. patent is enforceable within U.S. borders, and vice versa.
Regarding copyright, the same may be true.... View More
I wont be selling these products in the United States, but in Dubai. The platform might be my own site or something similar to amazon. I just wanted to make the perfect appeal.

answered on Aug 16, 2017
This type of advice will be best to obtain from a lawyer you hire versus this question and answer blog. You likely need to speak with a copyright attorney and or an international law attorney as your question brings into play both types or areas of law.
actually, for the presidents I would use their names. I would use nicknames for the celebrities.

answered on Aug 8, 2017
You should repost this question under the heading of intellectual property and copyright law. That will likely get you better answers from attorneys that deal with intellectual property rights.
If I have a business/product idea and want to pursue it with an already established company, instead of starting from scratch how can I work with them without them stealing the idea or product from me, what's the safest approach for me as far as the law goes to protect my idea

answered on Aug 8, 2017
Develop a description of your product that does not reveal any of the protected information. Once you get a company interested, pay a lawyer for a Non-Disclosure Agreement, commonly called an NDA. Get it signed before you reveal anything identifiable.
May I use this photo on Instagram as a casual photo though it has my business logo subtlety placed?

answered on Aug 2, 2017
The relevant terms of use of Instagram:
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the... View More
different house came out that was basically the same plot as mine but with different character and setting names. I'm worried this will affect sales of my own copyrighted work. Can I sue?

answered on Sep 21, 2017
Maybe. If you suspect that your manuscript was leaked, or some how obtained by the other author and that formed the basis for their own story, then yes, you may be able to sue under various legal theories.
On the other hand, independent creation is a defense to copyright infringement. It... View More
In the recent past I have taken a picture (using my iphone camera) and also a video of a professional photo that I had made at a photo studio. I either uploaded this to my facebook messenger story or sent it via iMessage/text or facebook messenger to friends that I wanted to see it. I have also... View More

answered on Jul 21, 2017
Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.

answered on Jul 5, 2017
Maybe. This is a very interesting situation where you are essentially aggregating or curating particular content from another site, and earning money by doing so. The exact way you are conducting your business will likely inform the full answer to your question, and without further details on... View More
I have found somebody who has changed a character that is not specifically trademarked to either be skinnier or shorter and is selling both versions online for profit. The character is fundamentally identical in all three versions, so would someone using the character for profit be a blatant... View More

answered on Jun 23, 2017
This would be a copyright issue. The case is also fact-specific, meaning that without more information, it will be tough to speculate about whether infringement is likely. If you would like to assert a copyright, you will need to register it. Copyright registration is straightforward, and can... View More
I paid someone $500 up front with another $750 due, for training materials. One of the documents was completely plagiarized from something else on the web (a paid course). How do I go about this? I paid via paypal... Will paypal give me my money back.

answered on Jun 12, 2017
Well, there are likely several options.
First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the... View More

answered on Jun 11, 2017
You will need to file a lawsuit against the accused infringer. Depending on your trademark rights, you may have common law claims (state-level), and/or a federal claims (Lanham Act), and thus those rights will determine where you can file a lawsuit.
Litigation is not something I recommend... View More

answered on May 18, 2017
Maybe. A primary element of trademark law is use, and a registration helps put people on notice of use, but does not guarantee that someone isn't using the mark. It’s possible that the trademark owner didn’t renew the mark, but is still using it, and thus would still have trademark rights... View More
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