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?
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answered on Mar 29, 2023
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 
Case: Copyright Infringment
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
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answered on Mar 29, 2023
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
Someone stole my images
answered on Mar 25, 2023
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
answered on Mar 9, 2023
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
By comment I mean analyzing a clothing piece?
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answered on Mar 29, 2023
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
I want to start a Trademark law firm, initially just helping clients file their applications. Is this an ethics issue if I also work for an IP law firm? What if the practice areas are different?
answered on Jan 10, 2023
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
The process is my original creation. I would like to acknowledge the author in my resources list so people can study his work. The author has died.
answered on Dec 12, 2022
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
The LLC will be listed as the copyright claimant and the author of the work. Thanks in advance!
answered on Oct 5, 2022
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?
answered on Jul 11, 2022
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
Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot... View More
answered on Jul 21, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys... View More
I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... View More
answered on Mar 28, 2022
The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then... View More
As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... View More
answered on Jan 6, 2022
Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... View More
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answered on Jan 3, 2022
It depends. Very likely there is little you can do.
Consult with an attorney
show it to other people. Is this illegal? Is the computer invasion of privacy?
answered on Sep 19, 2021
A Georgia attorney could advise best, but your question remains open for three weeks. It could be considered an invasion of privacy from a textbook basis. But from a practical standpoint, it could be difficult to arrange for the matter to be handled on a contingency basis - which could mean that a... View More
We became unemployed during this pandemic with my mother and started selling t-shirts over etsy.
We buy all svg and designs from digital svg sellers. Unfortunately we have received a nonsense trademark warning 3 times in the last 3 months.
Finally, a design of our "boy mom and... View More
answered on Mar 29, 2021
You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining... View More
answered on Feb 8, 2021
In the near term, a provisional or utility patent application might be worth considering, keeping in mind that the U.S. is now a "first inventor to file" system (time is not on the inventor's side like it once was). Whether the device, the drug, or a combination of the device and... View More
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
answered on Oct 19, 2020
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... View More
This crazy lAdy just cAme moved in and started staying and said she wasn't going anywhere
answered on Aug 13, 2020
If she was never invited to stay, you should contact the authorities (police) and have her removed for trespassing. If she has been invited to stay, you will need to move to have her evicted.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
I am writing a book based on my interpretation of the Hotel California album by Eagles. Can I name my chapters after the songs on the album?
answered on Jun 26, 2020
Generally, short phrases – including titles of songs – are not protected by copyright law. A short phrase is not protectable because there is not sufficient authorship. That said, the more you take from someone else the more likely the other party will claim there was authorship -- maybe the... View More
I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... View More
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answered on May 1, 2020
The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... View More
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