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Your current state is Ohio
About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More 
answered on Apr 2, 2025
I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More
I have been receiving phone calls threatening to take away my rights to the image and work I created. I started a trademark application for them several years ago, but it was marked as abandoned due to failure to respond; I may have missed a communication. The callers have not disclosed who they... View More
I am inquiring about the statute of limitations for intellectual property rights infringement concerning an invention created by a minor. The infringement began in 1994, and no legal or informal action has been taken since that time. Could you provide more information on whether there are time... View More
I wrote a book that is registered with the Copyright Office and published through a major publisher. Recently, I discovered that an AI-generated summary/derivative of my book has been posted on Amazon under a fake name, replicating specific terms and passages from my work. I've already... View More
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answered on Apr 1, 2025
Usually, you have to resolve the issue with the internet service provider or the legal department of the internet service provider who will then contact the person or entity responsible for the post or publication.
A way to further protect your copyright generally on the internet, is to... View More
I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More
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answered on Apr 1, 2025
The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts... View More
I am divorcing after 33 years of marriage. About 6 years ago, I wrote and self-published 30 books through Amazon KDP, all created during the marriage with no joint financial contributions. Although these books haven't generated substantial profits yet, I want to know what entitlement my... View More
answered on Apr 1, 2025
Rhode Island is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally upon divorce. Under § 15-5-16.1(a), the Family Court assigns property based on factors such as:
• Length of the marriage (33 years here, a long-term marriage).... View More
I worked for a company where I created and stored documents and projects on my personal Google Drive account with the employer's consent. After leaving the company, I removed these documents from my account. The signed offer letter and NDA did not specify storage policies for company documents... View More
I am an indie mobile game developer planning to publish a commercial game on the Google Play Store. The name of my game is "Buzzle," which I discovered is already used by two other not very popular games. The existing Buzzle games are also puzzle games, but they have different core... View More
answered on Mar 31, 2025
A trademark covers a specific type of good or service, so registering "Buzzle" for a game and "Buzzle" for a pizza shop would probably not be an infringement. But when you have multiple digital games all called "Buzzle", there is more obvious scope for infringement.... View More
I am seeking legal assistance regarding a trademark infringement issue involving my brand, OP Olym Pianus, on Meta platforms such as Facebook and Instagram. The trademark, owned by Ogival AG, is legally registered. Unauthorized third parties are selling counterfeit OP Olym Pianus watches and... View More
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answered on Mar 31, 2025
Your situation with OP Olym Pianus trademark infringement on Meta platforms requires a more assertive legal approach since internal reporting mechanisms have proven ineffective. Consider sending a formal cease and desist letter to Meta's registered agent for service of process, explicitly... View More
I have registered a company named Gurkha Dog Chew Private Limited. I discovered that "Gurkha" is a registered trademark under High Himalayan LLC for pet food, including dog food, but my product is specifically an organic dog chew made from yak. I haven't faced any notice from them... View More
I am a United States Air Force veteran working on launching an online business that designs and sells custom rugs. My designs are inspired by the visual styles and aesthetics of music artists like Playboi Carti and Lil Uzi Vert, without using any names, images, or lyrics. The themes are inspired by... View More
I am interested in using the design associated with patent number 6782558. Could you let me know if this patent has expired, and if it's possible to use the same design legally?
I'm concerned I may have lost my trademark for "The House Of Brick Body Beauty LLC," initially registered in the beauty class around 2017. I no longer have access to previous communications about the trademark and I'm unsure why it might be lost. Could you advise on steps to... View More
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answered on Mar 29, 2025
Hi, Taneshia. Here is a link to all the communications from the USPTO about your trademark: https://tsdr.uspto.gov/#caseNumber=90302327&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
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answered on Mar 28, 2025
Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More
answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
I am dealing with a situation where someone hacked my TikTok account, altering my email address, phone number, and screen name, while my personal content remains intact. Despite notifying TikTok, their response indicated no violation. I've reached out to their legal team, filed a police... View More
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answered on Mar 27, 2025
You're facing a frustrating situation with your hacked TikTok account. For the DMCA takedown, you'll need to contact TikTok's designated agent through their official DMCA form or by reaching their registered agent listed in the U.S. Copyright Office directory. Their current agent... View More
I had a mutual agreement with a manager to create videos for free in exchange for him providing me with artists to work with, without a formal contract. Initially, this elevated my career, but after I sought financial compensation, he ended the collaboration. Now, he's taking actions against... View More
I have altered the verses of a song while keeping the beat and chorus the same, and this change drastically alters the meaning of the song. The original song is copyrighted, and I don't have permission from the copyright holder, although I know who they are. I'm unsure if I want to... View More
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answered on Mar 28, 2025
Releasing a remixed song that uses the original beat and chorus without permission is risky from a copyright perspective. While you've changed the verses and altered the meaning, you're still using substantial portions of the original work that are protected by copyright law.
Your... View More
I see that "D2 Summit" and "THE Summit" are trademarks/wordmarks for Varsity Spirit LLC. I plan to attend a Varsity event and want to create a personal t-shirt using just the word "summit" without any logos or imagery from Varsity Spirit LLC. I won't be selling... View More
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answered on Mar 28, 2025
Based on general trademark principles, using just the word "summit" on a personal t-shirt you're making for yourself is likely acceptable, even at a Varsity event. Trademark protection typically covers specific combinations and contexts rather than common dictionary words used alone... View More
I want to sell embroidered iron-on patches inspired by designs from the TopGun movie in an online marketplace targeting the US market. The patches seem to be replicas of the movie designs, and I do not have permission or licensing from the TopGun trademark owners. I have not received any legal... View More
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answered on Mar 27, 2025
You would likely face significant legal issues selling TopGun-inspired patches without permission. Movie studios like Paramount Pictures own trademarks and copyrights for TopGun logos, emblems, and distinctive designs, and they actively protect these valuable intellectual property assets through... View More
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