The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the...View More
It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a...View More
To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic....View More
If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact...View More
I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified...View More
You will need to register for an account with the Georgia Department of Revenue. After verification, you will be able to submit a claim through the online portal for unclaimed property. If you need assistance, schedule a free consultation.
If your application was abandoned for not timely responding to an office action or or filing deadline, you may be able to revive the application if you are within 6 months of the abandonment. If you are outside of the 6 months, then you will likely need to start over with a new application....View More
Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in...View More
A Georgia attorney could advise best, but your question remains open for two weeks. However, this sounds like it might be more of an intellectual property matter than an arbitration matter, the category where it's posted. If you're talking about similarity in terms of wording, logos,...View More
No, you do not have to trademark the "LLC" portion of your company name. The purpose of a trademark is to protect your brand and prevent others from using a similar name or logo that may cause confusion among consumers. The "LLC" designation is not part of your brand identity...View More
I want to provide my readers with a summary of the news. The summary would be completely in my own words, and unique titles too. Sometimes I weave several news articles into a single summary. Do I have to quote the source of the news? Am I fine legally?
It is generally acceptable to summarize news articles in your own words without quoting the source as long as you do not copy any unique phrases or sentences directly from the original article. However, it is good practice to provide a citation or link to the original article as a courtesy to your...View More
I have been working on a synopsis and pitch deck for a long time, approximately a year. I had experienced a true to life scary experierence and felt like producers would be interested in a true story for a horror movie. After talking to many people in the film... View More
Based on the information provided, it seems like there may be potential for a copyright infringement case if the podcaster used your work without your permission. To determine the strength of the case, a lawyer would need to review the specifics of your situation, such as the details of your...View More
This forum allows attorneys to answer legal questions that are submitted by members of the public. However, we don't receive information about the people asking the questions, because this isn't really a referral forum.
If you have a question that you think an attorney may be...View More
I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... View More
CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.
Your mark CREATINE MONOHYDRATE GUMMIES...View More
Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the rights holder for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Whether or not the use of a copyrighted image in a blog would be...View More
In most jurisdiction there is a law that says that this would be considered as a a breach of non-competition with your employer. You must therefore find a pertinent laws in your country which states what are the restrictions for your profession. Also you need to check out your employment contract...View More
In my opinion (dont take this as a final and comprehensive legal advice as I do not have all the details of your case), this would in most countries not considered as IP infringement. You have inspired yourself from the information covered in book however the process itself is your idea (your work)...View More
If the executive director of the company changes, he can decide to transfer it to someone else. However, in most of the jurisdiction the legal person can not be an author, so you should check whether it is possible or not, as there is an assumption that even though company can own the rights to the...View More
Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?
One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a...View More
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