Get free answers to your Intellectual Property legal questions from lawyers in your area.
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
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answered on Apr 2, 2025
Using "Gurkha" for your dog chew product presents significant legal risk despite the distinction between your organic yak-based dog chew and High Himalayan LLC's registered trademark for pet food. Trademark protection extends beyond identical products to those deemed similar enough... 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
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answered on Apr 2, 2025
Your business concept raises important intellectual property considerations that warrant careful navigation. When creating designs inspired by musical artists' aesthetic styles, you must balance creative expression with legal compliance across three key areas: copyright, trademark, and right... 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?
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answered on Apr 2, 2025
Patent 6782558 appears to have been issued on August 31, 2004. While my search did not reveal the exact filing date, I can analyze the expiration status based on patent law principles.
For patents issued from applications filed after June 8, 1995, the term is 20 years from the earliest U.S.... View More
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
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answered on Apr 2, 2025
You likely retain copyright ownership of your videos despite the absence of a formal written contract. Copyright protection attaches automatically to original creative works once fixed in tangible form, giving you exclusive rights to reproduce, distribute, and display your content. Your verbal... 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
I want to portray a famous individual in a fan-made fictional short film using public information and articles. I am making up a majority of the film using my imagination for things I couldn’t find and I am not using the individual's name. I do not intend to monetize the film. I have... View More
answered on Mar 27, 2025
Most likely yes if you do not use their name or attempt to profit from their likeness.
I am writing a video game history book and plan to sell it commercially. I want to include gameplay screenshots in the book. I do not have any agreements or permission from the video game companies. Would I need to obtain such permission from them to use these screenshots in my book?
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answered on Mar 27, 2025
Using video game screenshots in a commercial book without permission is a complex legal issue that sits at the intersection of copyright law and fair use. While video game companies hold copyright over their games' visual elements, your historical documentation and analysis might qualify for... View More
During my 14+ year marriage, my ex-husband created patents, some personally and some as part of our business, which were not disclosed during our divorce finalized in 2017. These patents, now under his name, are believed to be generating significant revenue. My ex-husband refuses to communicate... View More
answered on Mar 26, 2025
You could file a request for adjudication of omitted assets. These types of motions are filed when an asset (or debt) was not disclosed during the divorce proceedings and is not divided or mentioned in your final divorce decree.
I want to trademark the business name "Good Girl Gone Bad" for my new line of lingerie, skin, and beauty products. However, I noticed "Good Girl Gone Bad by Kilian" is a registered trademark. Can I still use "Good Girl Gone Bad" for my products? I haven't started using the name commercially yet.
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answered on Mar 26, 2025
Using a name like "Good Girl Gone Bad" that's similar to an existing trademark raises potential legal concerns. When two trademarks are similar and used for related products, there's risk of consumer confusion, which is what trademark law aims to prevent. Since "Good Girl... View More
I wrote original lyrics for a song dedicated to my terminally ill wife and used the Lyrics into Song AI tool to generate music. I am on the tool's free plan, which states the AI retains rights, but a license is granted with a paid subscription. I plan to delete the AI-generated voice and only... View More
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answered on Mar 25, 2025
Your situation involves important copyright considerations when using AI-generated music. The terms of service for the "Lyrics into Song" tool are crucial here - while you own your original lyrics, the free plan explicitly states the AI retains rights to the musical composition. Even... View More
My mom wants to rebrand her astrology business, based in New Jersey, to "Written in the Stars." She is in the process of checking whether the name is trademarked or used by another business. Her services include reading birth charts and teaching astrology. She's not planning to apply... View More
answered on Mar 25, 2025
Hello,
As a general matter, there is nothing that would inherently prohibit the use of the mark. In fact, at first glance, it seems to be a suggestive mark which is a good indicator that it is distinctive and therefore eligible for trademark protection. and as it consists of a short... View More
For a web app in development showcasing reading circles for preschoolers and parents, where parents pay to join a live 30-minute storytime with up to eight participants, would permission be needed from publishers to have their books read if the sessions are recorded and stored for later access? The... View More
answered on Mar 24, 2025
Yes, you would need to obtain a license from the publisher in order to legally do this.
I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More
answered on Mar 26, 2025
You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More
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