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Intellectual Property Questions & Answers
2 Answers | Asked in Contracts, Copyright, Intellectual Property and Internet Law on
Q: Can other companies track, map and time people’s runs or do strava cover this? If they do, how come MapMyRun etc exist
Sarah Teresa Haddad
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answered on Oct 21, 2024

Tracking, mapping, and timing people's runs through an invention or product would need to include an inventive step, that moves beyond an abstract idea(s), to be considered patent eligible. Tracking, mapping, and timing people's runs can be achieved through existing systems and in some... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: My client didn't pay me & posted my content. what do i do?

I am a digital marketer for my freelancing company in Montreal, Quebec. My client paid for the month of august and apparently wasn't satisfied and decided to continue, next month we worked harder and hired new people, but the invoice was sent at the beginning of the month but never paid. we... View More

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answered on Oct 18, 2024

It depends on where the client is located and a few other factual questions.

If they are in the United States and you register a copyright in the content you created, and if there was not a contract between you and the client to assign them rights in the content, then you might have a...
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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Can I use a fraternity hoodie in a pornographic film that I sell for profit?

filming would take place in Illinois

James L. Arrasmith
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answered on Oct 16, 2024

Using a fraternity hoodie in a pornographic film that you intend to sell for profit involves several legal considerations. Fraternity hoodies often feature logos, symbols, or designs that are protected by copyright or trademark laws. Unauthorized use of these elements can lead to infringement... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Michigan on
Q: So with all the patents discord has would it be legal for me to make my own messaging platform similar to discord or no
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answered on Oct 16, 2024

Discord holds numerous patents related to its messaging and communication features. Creating a similar platform without infringing on these patents could be challenging. You would need to carefully analyze Discord’s patented technologies to ensure your platform does not use the same methods or... View More

1 Answer | Asked in Criminal Law and Intellectual Property for Missouri on
Q: What happens to a waiver of extradition then the defendant is incarcerated in the state he currently resides?

My husband was charged with a felony in Kansas while out of town for work. He was picked up on a probation violation in Missouri where he found out about the charges and signed a waiver of extradition. He was detained for 3 months while waiting for he probation violation hearing where the revoked... View More

James L. Arrasmith
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answered on Oct 15, 2024

When a waiver of extradition is signed, it typically allows the state where the charges originated to request the individual's return without further legal proceedings. Since your husband is now incarcerated in Missouri, Kansas may still need to issue a detainer to formally request his... View More

2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf... View More

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answered on Oct 14, 2024

To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction... View More

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2 Answers | Asked in Trademark, Arbitration / Mediation Law, Business Law and Intellectual Property for Hawaii on
Q: An ex-board member is using my trademark event name without my permission. Do I have standing to issue cease and desist

My family started a public event more than 40 years ago and I took over more than 10 years ago holding this event. I just started the process to trademark the event name. An ex-board member is using the event name and trying to hold the same event without my permission. Do I have standing to send a... View More

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answered on Oct 14, 2024

If the ex-board member learned of the trademark while being a board member, (and the source of the trademark is the family board) and then the ex-board member started to use the mark unilaterally after leaving the board, then you may have grounds to issue a Cease-and-Desist letter. This may be due... View More

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1 Answer | Asked in Banking, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Music NFTs

I own a music catalogue and want to make "music nfts" and sell them via Open Sea"? They would be sold only as collectibles with no promise of upside. Would the SEC look at them as securities?

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answered on Oct 11, 2024

If you're selling music NFTs as collectibles without any promises of profit or financial returns, the SEC is less likely to classify them as securities. The key factor is whether buyers are investing with the expectation of earning something in return. Since your NFTs are purely for collecting... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I understand that "BASKETBALL MOM." is trademarked. Does the period on the end mean you can use this without the period?

I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 11, 2024

There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Intellectual Property for Iowa on
Q: Is it legal for cops to take a deceased persons cell phone without a warrant?

A friend of mine passed away suddenly and while they were taking the body out of his home the cops took his cell phone too. How do we get it back?

James L. Arrasmith
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answered on Oct 10, 2024

I'm sorry to hear about your friend's passing and understand how difficult this situation must be for you.

In certain situations, law enforcement can seize personal property without a warrant, especially if they believe it contains evidence related to an investigation or if there...
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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

Alan Harrison
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answered on Oct 10, 2024

Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More

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2 Answers | Asked in Intellectual Property for Illinois on
Q: Do we need to lawyer up at this point?

Hello! My husband recently put in his resignation (IT consulting) and his company found that he downloaded documents (power points, no client data) to a USB drive (prior to resignation or even getting his new offer). He was terminated for violation of AUP, which he owns and the data was moved to... View More

Ivan  Parron
Ivan Parron
answered on Oct 9, 2024

Should have consulted with a lawyer prior to communicating anything with the employer or turning anything over. Whatever agreements may have been executed between the parties prior to or after the termination should be factually determinative if anything expressed in writing exists.

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More

Alan Harrison
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answered on Oct 7, 2024

I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More

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1 Answer | Asked in Consumer Law, Intellectual Property and Internet Law for Illinois on
Q: Should I send my letter to Facebook’s headquarters or their legal department about access to download my info

from my terminated / disabled account?

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answered on Oct 8, 2024

If you want to download your information from a terminated or disabled Facebook account, it's best to reach out directly to their legal department. They handle requests related to account data and can guide you through the necessary steps. Sending your request there increases the chances it... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: If I upload a video using music generated from Suno AI Basic with my own lyrics, could there be any copyright issues?

If I generated music using my own lyrics from Suno AI’s free version (basic plan), assuming it was free to use, and I uploaded it to my YouTube channel that’s close to monetization, what steps should I take to avoid potential copyright issues—should I delete or remove the video, or is there... View More

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answered on Oct 5, 2024

When using music generated from Suno AI’s free version with your own lyrics, it’s important to understand the platform’s licensing terms. Even if the service is free, there might be specific restrictions on commercial use or monetization. Review Suno AI’s terms of service to ensure that you... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: Can i make a coffee brand and draw doodle characters based on marvel / DC heroes without their logos and a bit different
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answered on Oct 5, 2024

Creating a coffee brand with doodle characters inspired by Marvel or DC heroes can lead to legal challenges. Even if you remove the logos and alter the designs slightly, the original characters are protected by copyright and trademark laws. These protections cover not just the exact images but also... View More

1 Answer | Asked in Employment Law and Intellectual Property on
Q: An algorithm invention is created at home by employee and is based on general scientific knowledge who owns it?

It utilizes general knowledge energy transfer and combustion principles. It was applied to multiple company products with only needing slight tuning. Could be used on any energy transfer product even unrelated to employer.

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answered on Oct 8, 2024

If you've developed an algorithm at home that uses general principles like energy transfer and combustion, and it has been applied to your company's products, ownership can become a complex issue. Many companies have policies that state any inventions related to their business, even if... View More

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If I am writing a book, would I be able to use 'Disneyland' as a location visited in the "past"?

I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 4, 2024

When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More

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Q: Can I develop a new product that I'm already existing products?
Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

From the way the question is written, it's not fully clear exactly what you wish to do, but it looks like your concerns might be related to intellectual property issues. You don't want to be accused of infringing on the designs of other products out there or getting into trouble with... View More

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