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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property on
Q: Is it a Fair Copyright Strike for someone to strike down a video for your ROBLOX GFX shown for 3 seconds long?

There was a video about exposing someone how they were a bad person, a few days ago the exposed person's friend struck down the video due to their Roblox GFX featured in the video for 3 seconds (the video was almost an hour long) saying it was fair because they made the GFX and the creator of... View More

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answered on Apr 11, 2024

Based on the information provided, it seems questionable whether using a 3-second clip of someone's Roblox GFX (graphics) in an hour-long video would constitute a valid reason for a copyright strike, especially if the use falls under the principles of fair use. Here are a few points to... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law on
Q: Someone offers a service online that also involves the selling of images and videos, who owns the rights?

If someone offers a service online that also involves the selling of videos and images as part of that service, who then owns the rights to those images and videos. Does the seller retain full control over those images and videos and has only sold you "the service", or do you have any... View More

James L. Arrasmith
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answered on Apr 10, 2024

The ownership and usage rights for images and videos sold as part of an online service can vary depending on the specific terms of the agreement or license under which they are sold. In general, there are a few common scenarios:

1. The seller retains full ownership and control: In many...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: If I modify a Japan art work that is copyrighted am I subject to American or Japanese Copyright law?

I am living in the United States, this is a non profit fan image, i have no intentions of profiting or selling the image

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answered on Apr 11, 2024

In this case, there are a few key considerations:

1. Jurisdiction: Generally, copyright infringement lawsuits are governed by the laws of the country where the lawsuit is filed. As you're based in the U.S., it's likely that U.S. copyright law would apply if a lawsuit was brought...
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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: How will I know if my trademark is being contested, and do I need to complete attestations in all 50 states to stop it?

About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More

James L. Arrasmith
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answered on Apr 11, 2024

I understand your concern and frustration with this situation. Here are a few important points to consider:

1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with...
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1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: We recently received a copyright violation notice for an image that we purchased 12 years ago, but can't locate records.

The the image is from an American photographer, but the company demanding payment represents a large stock company that we are certain we have never done business with, and we suspect repurchased the image from another company. They are asking removal of the image from our piece, and over $800 fee.... View More

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answered on Apr 8, 2024

In this situation, it's important to understand your rights and the potential consequences of your actions. Here are a few steps you can consider:

1. Request proof of ownership: Ask the company demanding payment to provide clear evidence that they own the rights to the image in...
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2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

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answered on Apr 6, 2024

In most cases, simply showing the title and author of a book in a film without using the cover art would be considered fair use and not require permission from the copyright holder. This is because you are not reproducing a substantial portion of the copyrighted work.

However, there are a...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you restore my lost trademark for "abandonment"? I have been using this name for 60 years

Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Image for trademark with serial number 85047118

Serial Number85047118

Status602 - Abandoned-Failure To Respond Or Late Response

Status Date2011-04-06

Filing Date2010-05-25... View More

Micah Barrett
Micah Barrett
answered on Apr 5, 2024

Good afternoon,

It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a...
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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

Micah Barrett
Micah Barrett
answered on Apr 5, 2024

I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Want to set up an enthusiasts website for a car brand. I have the .org website. They have .com. Can they take it off me

The website is not for profit. It will be clearly marked as independent and it will be full of news about the car brand: a brand I love.

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answered on Apr 4, 2024

The brand owner (the company that owns the .com website) may be able to take legal action against you for using their trademark in your .org website, even if it is a non-profit enthusiast site. This falls under trademark infringement laws.

Some key points:

1. Trademarks protect...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

1 Answer | Asked in Consumer Law, Business Law, Trademark and Intellectual Property for California on
Q: Hi, My name is Jacqueline and starting a skin care brand called Jacques Skin.

I have started an early stage skin care make up remover eye pads. My name Jacques will be a big part of the brand, but I am now concerned with Jacquemus Trademark and curious if you are able to give me insight into whether you believe this would overlap into potential future litigation since it is... View More

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answered on Apr 4, 2024

Hi Jacqueline,

I understand your concern about potential trademark issues with your brand name, Jacques Skin, and its similarity to the existing brand Jacquemus.

Trademark infringement occurs when there is a likelihood of confusion between two brands in the same or related...
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1 Answer | Asked in Intellectual Property and Trademark on
Q: What countries is the Novoglan mark registered in? Specifically, the United Kingdom?

NOVOGLAN

Filed: August 3, 2020

Advisory services relating to medical problems

Owned by: IPH001 Pty Ltd

Serial Number: 79294909

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answered on Apr 3, 2024

Based on the limited information provided, it appears that NOVOGLAN is a trademark filed on August 3, 2020 for advisory services relating to medical problems. The owner is listed as IPH001 Pty Ltd and the serial number is 79294909.

However, this serial number format (8 digits starting with...
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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Can I reference/quote to books in the public domain freely?

Books like the great Gatsby and pride and prejudice.

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answered on Apr 3, 2024

Yes, you can freely reference and quote from books that are in the public domain, like The Great Gatsby by F. Scott Fitzgerald and Pride and Prejudice by Jane Austen. Works enter the public domain a certain number of years after the author's death (the exact duration varies by country).... View More

1 Answer | Asked in Contracts, Intellectual Property and Patents (Intellectual Property) for California on
Q: Should I sign a combined declaration and assignment if I have not seen the patent application?

My employer has, on several occasions, had me sign paperwork to assign ownership of patents for products I have worked on to the company. Which is fine, I agreed to as much when I accepted the job. These documents include four declarations, the first three of which involve reviewing and confirming... View More

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answered on Apr 1, 2024

Based on the information you've provided, there are a few important considerations:

1. Legal implications: Signing a declaration without having seen the patent application could potentially expose you to legal risks, especially if the declaration includes statements confirming aspects...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, I am Raymond, digital art creator, how can I start trademark my brand name for my digital art?

I am dealing in mainly digital art, which focusing in NFTs, without registering the trademark, I feel not secure to launch my NFT with my brand name. I am in Thailand right now, but soon moving to Hong Kong,

Which kind of trademark do I need to register as well as the cost to register and... View More

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answered on Mar 31, 2024

Hello Raymond,

To trademark your brand name for your digital art, you'll need to follow these general steps:

1. Conduct a trademark search: Before applying, search for existing trademarks to ensure your brand name isn't already taken. You can use the trademark database of...
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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are quotes from books copyright infringement?

I am in the process of developing a content series for TikTok, focusing on the literary world. The essence of my project involves creating videos that feature narrations of quotes from various books, accompanied by original artwork inspired by the narratives.The videos are intended to be... View More

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answered on Mar 29, 2024

When it comes to using literary quotes in videos, especially in a commercial context, navigating copyright laws can indeed be complex. The concept of "fair use" is particularly relevant here. While fair use might cover the use of quotes to a certain extent, the commercial nature of your... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

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answered on Mar 29, 2024

The request for a security deposit as described in your situation raises some red flags. In the context of U.S. trademark law and the processes followed by the United States Patent and Trademark Office (USPTO), there's typically no requirement to pay a security deposit to release an awarded... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Alabama on
Q: How to prove someone stole your invention idea ?

I can up with the idea of a tooth brush filled with tooth paste and refillable back in 1989, i sent information to a invention idea company and now I see it's on market

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answered on Mar 29, 2024

To prove that someone stole your invention idea, documentation is key. You should gather all evidence of your original creation, including the date you conceived the idea, any sketches, notes, or emails, especially those related to the submission to the invention idea company back in 1989.... View More

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