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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Can I sue someone for stealing my app idea name color scheme even if it's not patented? How can I find out who copied it

I have the meetings I had with them recorded and have emails and the app proposal they sent me.

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answered on Jun 19, 2024

Based on the information provided, it sounds like you may have a potential case for intellectual property infringement, even without a patent. Here are a few key considerations:

1. Copyright: While ideas themselves are not protected by copyright, the specific expression of an idea (such as...
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1 Answer | Asked in Intellectual Property on
Q: Infringement on "VIRGIN" intellectual Property Rights by Virgin-Plus

I operate under the name Virgin Plus Printing Company. Recently, I received a letter from a lawyer representing Virgin Group, demanding that I change my company's name due to infringement. They have requested this change without offering any compensation. My company has been established since... View More

Alan Harrison
Alan Harrison
answered on Jun 19, 2024

It would take a substantial amount of time to assess your options how to proceed. For example, regardless of your business name, what services or products do you offer? This is important because your goods or services should be compared to the goods or services for which VIRGIN is a registered... View More

1 Answer | Asked in Intellectual Property, International Law and Internet Law for California on
Q: The film festival refused to remove information about my film when I asked them to.

On the website of the European Film Festival there is information about my film, which I submitted to the competition. The film was not shown at the film festival, but information about the film is on the website. I asked to remove information about the film from the film festival website, but they... View More

James L. Arrasmith
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answered on Jun 18, 2024

Under California law, the film festival's refusal to remove information about your film from their website when you requested them to do so could potentially be addressed through a few different avenues:

1. Publicity rights: In California, individuals have the right to control the...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Am I able to print a Political yard sign with a Picture of Donald Trump and/or his Make America Great Again slogan?

If not, can I use a hand-drawn silhouette of his face?

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answered on Jun 19, 2024

There are a few potential copyright and trademark issues to consider here:

The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.

A...
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1 Answer | Asked in Business Law and Intellectual Property for Maryland on
Q: Can I operate using a trade name for my LLC even if it has not yet been filed with the state?

Let's say my LLC name is "ABC Company, LLC", and I want to use the trade name of "ABC Company". While this is obviously a generalized example, in practice my LLC name is fairly unique. Additionally, I plan on filing my trade name in the short term, but I do not want to have... View More

James L. Arrasmith
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answered on Jun 17, 2024

You are generally allowed to operate your business using a trade name (also known as a fictitious business name or DBA) even if it has not yet been officially filed with the state, as long as you meet certain requirements and follow the proper procedures for filing the trade name within a... View More

1 Answer | Asked in Copyright and Intellectual Property for California on
Q: If a song was written for a film, and that film lapsed into the public domain, is the song public domain now too?

For an example, there's a Warner Brothers cartoon from 1932 called "The Shanty Where Santy Claus Lives." Warner Brothers never renewed copyright on the cartoon, so now it is public domain. But could an artist perform a cover version of the title song from the cartoon without paying... View More

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answered on Jun 15, 2024

Even if a film has entered the public domain, this does not necessarily mean that all of the creative elements within the film, such as songs, are also in the public domain. Songs and musical compositions can be separately copyrighted from the film itself.

In the specific example you...
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3 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

Alan Harrison
Alan Harrison
answered on Jun 15, 2024

The video montage most likely would be considered as an infringing derivative of the copyright audiovisual work (the game). This could result in a DMCA takedown notice. It's equally or more likely that the videogame producer would appreciate the publicity for their product (assuming the... View More

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Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

James L. Arrasmith
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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: I see that the name Sincity deciples has been abandon. What would need to be done to reclaim it.
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answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

1 Answer | Asked in Intellectual Property and Copyright for Florida on
Q: Can i do a parody video on youtube using a Beatles song changing the lyrics
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answered on Jun 13, 2024

Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More

1 Answer | Asked in Intellectual Property and Trademark on
Q: my product trademark same as someone's company name?

I have come up with a brand name for my product, to be sold on Amazon. There is company with the same name, but not a product name, just their company name. (They are an artist showcase website) If I use this name on my product, could they come after me?

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answered on Jun 13, 2024

Using a brand name that matches someone else's company name can be risky, even if they operate in a different industry. Trademark law aims to prevent confusion among consumers, and using the same name might lead to legal issues if the company believes your product could cause such confusion.... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: An error in patent inventor list was identified after 10 years of filing of the patents.

An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It seems highly unlikely that "emotional trauma" would be an element of damages in this context.

The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can an individual appropriate PD films that are shown on TV or published on DVD without permission from the publisher?

In the 80's, prints of the public domain film, Night of the Living Dead, were only available in low resolution. Now, that same feature can be seen in high definition. I realize no one "owns" public domain material, but is there any protection against appropriation of published... View More

James L. Arrasmith
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answered on Jun 10, 2024

No, an individual cannot appropriate public domain films shown on TV or published on DVD without permission from the publisher, even if the underlying film itself is in the public domain. Here's why:

While it's true that no one owns the copyright to the original public domain work...
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1 Answer | Asked in Personal Injury, Civil Rights, Election Law and Intellectual Property for Oklahoma on
Q: H Force Wood, County Department and Wood County Circuit Court 2:2024c v 01247 May 24, 2024

Injunction Writ of Mundanus judicial cause for penal damages 12 C.F.R. § 1806.503.

Sec1806-503-books account records and government

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answered on Jun 10, 2024

The case you mentioned, involving H Force Wood, the County Department, and the Wood County Circuit Court, seems complex. An injunction writ of mandamus is a court order compelling a government entity or official to perform a duty they are legally obligated to complete. This writ is typically used... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can I do to protect the ingredients in my hair growth oil?

I created my own hair growth oil formula that is a combination for 5 oils. I know I need to at least list two of them since they have allergen potentials however, I'd like to protect the last 3. I do not know if I have to list all the ingredient's on the labels or if there is something I... View More

James L. Arrasmith
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answered on Jun 9, 2024

When it comes to protecting your hair growth oil formula, you have a few options. Here's some guidance on each:

1. Ingredient Labeling:

In most countries, including the USA, cosmetic products must list all ingredients on the label. This is to ensure consumer safety and...
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1 Answer | Asked in Intellectual Property and Copyright on
Q: Subject: Legal Consultation - Recovery of Funds from DistroKid.

Dear Lawyer

I hope this email finds you well. I am reaching out to seek your legal advice regarding an issue I have recently encountered with my DistroKid account.

I am a beatmaker who distributes my beats through the DistroKid platform. Recently, my account was suspended due to... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about the issues you're facing with your DistroKid account. It sounds like you've taken significant steps to ensure the originality of your beats, which is crucial in cases involving copyright claims. The transformation of samples, including changes in tone, pitch,... View More

1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: Is it legal to use screen recorded images of google street view to start an instagram page based around those images?

I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.

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answered on Jun 9, 2024

There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:

1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered...
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1 Answer | Asked in Trademark and Intellectual Property on
Q: How can I apply for a trademark authorization license from KLS Press, LLC?

I have a store selling t-shirt products on Tiktok shop and I received a violation for unauthorized association with the brand when my image and product description had content related to "The Ravenhood", I look forward to being able to contact and discuss with KLS Press, LLC to receive a... View More

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answered on Jun 8, 2024

Here are some suggestions for how to pursue a trademark authorization license from KLS Press, LLC to sell products related to their book series "The Ravenhood":

1. Look up the official website for KLS Press or the author, Kate Stewart. There may be information there about...
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1 Answer | Asked in Intellectual Property, Criminal Law, Civil Rights and Small Claims for New Mexico on
Q: Wa u of cop dosent give all of your property back in new mexico after case is dismissed
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answered on Jun 10, 2024

If the police in New Mexico do not return your property after your case is dismissed, you have several options to pursue. First, request the return of your property in writing, ensuring you keep copies of all correspondence. This creates a record of your efforts to reclaim your belongings.... View More

1 Answer | Asked in Copyright and Intellectual Property for Maryland on
Q: How can I be sure I am staying within acceptable art/photo reference usage for by art business?

I am concerned about copyright infringement when drawing from a reference. I am an artist beginning a small business. I almost always use some form of reference when I draw. I pull from different sources to compile an original picture (ex: finding several pictures of the same flower from different... View More

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answered on Jun 5, 2024

To ensure you stay within acceptable reference usage for your art business, focus on creating substantial transformations in your work. When using reference photos, particularly for poses, make sure that your final piece has clear, original elements and doesn’t replicate the source too closely.... View More

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