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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for California on
Q: I have a copyright certificate for my origami book, but a competitor sells a similar kit. How can I validate my rights?

I have a copyright certificate for my origami book, but I’ve noticed a competitor selling a kit that includes a book featuring patterns and text that are very similar to mine. This competitor has been very successful on Amazon, particularly during peak sales seasons, which raises my concerns... View More

James L. Arrasmith
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answered on Sep 18, 2024

To protect your rights, the first step is to compare the specific elements of your book that are copyrighted, such as the text, illustrations, and unique pattern descriptions, with the competitor’s kit. Copyright protects the expression of ideas, not the ideas themselves, so it's important... View More

1 Answer | Asked in Intellectual Property for West Virginia on
Q: My wife of 17 years and counting purchase a house but she didn't put me on the deed.

Do I have any marital rights to the property according to West Virginia?

James L. Arrasmith
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answered on Sep 16, 2024

In West Virginia, the property your wife purchased during your marriage could be considered marital property, even if your name isn't on the deed. West Virginia follows the principle of "equitable distribution," which means that in the event of a divorce, marital property is divided... View More

1 Answer | Asked in Contracts, Collections, Communications Law and Intellectual Property for Florida on
Q: Do I have to pay this charged off vehicle?

I live in Florida. I was behind on my car payments but made it current the month that my finance company did a charge off on the car. I even spoke with them on the phone and nothing was mentioned to me about the charge off happening. I was only told that I should refinance to trade the car in. They... View More

James L. Arrasmith
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answered on Sep 13, 2024

Even though your vehicle was charged off, you may still be legally responsible for the remaining balance on the loan. A charge-off means the lender has decided the debt is unlikely to be collected and has written it off their books, but this doesn’t cancel your obligation to pay. The debt can be... View More

1 Answer | Asked in Constitutional Law, Criminal Law, Products Liability and Intellectual Property for Florida on
Q: Can a YouTuber legally audio watermark police interviews they obtained via a FOIA request from the courts?

I would think the police interviews, body cams, etc are copyright the police and state. Thanks.

James L. Arrasmith
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answered on Sep 12, 2024

When you obtain police interviews, body cam footage, or other similar materials through a FOIA request, it's essential to understand that these materials are generally considered public records. However, they may still be subject to certain copyright protections, usually held by the government... View More

1 Answer | Asked in Business Law, Civil Litigation, Intellectual Property and Communications Law for California on
Q: uncle maliciously threw out my computers, my lifes hard work was in them. Can I sue for damages and get help w retrieval

He was suppose to hold my things which were in the garage , while i looked for a storage unit and dealt with some business and things. I was assured nothing from the garage was being thrown out. When i went to pack up stuff my computers were gone , sent to the recycling center 7 weeks ago. All my... View More

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answered on Sep 10, 2024

You have grounds to take legal action against your uncle for the loss of your computers and the valuable work they contained. Since he was entrusted to hold your belongings and had agreed not to throw them away, his actions could be considered a breach of a verbal agreement and potentially even... View More

1 Answer | Asked in Intellectual Property on
Q: Is the title of my book, A Dose Of Seuss From Nurse Caboose, an infringement problem?

30 years ago, 2 years after Theodor Geisel passed away, I wrote a book in memory and tribute to his iconic work. The story revolves around a disease called, Rasablupets and a Nurse who treats people with this. In the end, the cure is revealed to be making time to relax and to read a Dr. Suess... View More

James L. Arrasmith
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answered on Sep 12, 2024

You might face potential infringement issues with your book title and content because they closely reference Dr. Seuss's name, style, and specific works. Using a title like "A Dose Of Seuss From Nurse Caboose" could be seen as suggesting an official connection to Dr. Seuss, which... View More

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I sell custom home decor that plays a celebrity song? It was going to be upcharged service fee

I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental

Jennifer Newton
Jennifer Newton
answered on Sep 9, 2024

Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.

Here are a few key...
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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Is it legal to release music about a TV show using the name of the show and characters within it?

For example, could a musician release an original song called "Star Wars is Awesome" that talks about characters within Star Wars using lightsabers, etc. The music is completely original, doesn't use samples, and it doesn't talk poorly about the franchise or characters.

James L. Arrasmith
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answered on Sep 9, 2024

Creating music that directly references a TV show, its title, and its characters can potentially lead to legal issues. The show's name, characters, and other iconic elements are often protected by copyright and trademark laws. Even if your music is entirely original, using these elements... View More

1 Answer | Asked in Intellectual Property for North Carolina on
Q: Hi, is a co signer able to withhold the car from you the co borrower even if both names are on the car title?

My mother co signed a car with me. I have been the primary driver of the car including primary payer of the car. Both our names are on the car title. But she has threatened to sell the car and has been withholding the car from me. I currently do not know where the car is, I have tried to be civil... View More

James L. Arrasmith
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answered on Sep 8, 2024

If both you and your mother are listed on the car title, you both have legal ownership of the vehicle. This means that neither you nor your mother can sell or withhold the car from the other without consent. Since you are the primary driver and payer, you have a strong argument for possession, but... View More

3 Answers | Asked in Trademark and Intellectual Property on
Q: I missed the re-registration of my trademarked logo, How do I re-register it?

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Felicia Altman
Felicia Altman
answered on Sep 6, 2024

If a renewal is missed for a trademark there is a 6 month grace period given by the USPTO that allows you to register the renewal for an additional late fee. If this period is missed you will need to re-register the application with the USPTO. It is recommend to work with a trademark attorney to... View More

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1 Answer | Asked in Intellectual Property on
Q: Starting a new business

I want to start a business on a product that helps sleeping anxiety in the singapore market.

I saw there is a similar product design has patent rights registered. How to avoid escalation from this original designer ? Does it mean that I cannot design a similar product? I wanted the same... View More

James L. Arrasmith
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answered on Sep 7, 2024

When considering entering the market with a product that serves a similar function to one with existing patent rights, it’s crucial to understand the scope and claims of the patents involved. A patent protects specific inventions or designs, so if you want to avoid legal issues, your product must... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

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answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Stolen song published w/o my consent in 2010. Now it's platinum. I'm being sued by the thief b/c I stopped pub deal wtd?

Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the... View More

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answered on Sep 4, 2024

Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to... View More

3 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: I own bogusjoe.com How do I get the trademark bogusjoe that has been abandend
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 3, 2024

The application in 2020 to register BOGUS JOE BIDEN, BOGUS JOE was abandoned by a failure to respond to an initial refusal from the trademark office based on its use of the name of a living individual, and there is no other application or registration for BOGUS JOE. You could apply to register the... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Intellectual Property for North Carolina on
Q: Employee took pic(lots) and proceeded to apply filters (didn't know) I want data wiped the company isn't cooperating.

I asked for initial photo and the employee took 41 found out the next day when I demanded they send them. Did not request or consent to photo being uploaded to site for filters or lots of pictures to be taken. The company states they deleted the photos but data still exists of course. And violating... View More

James L. Arrasmith
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answered on Sep 5, 2024

It's frustrating to feel that your privacy has been violated, especially when you didn’t consent to photos being taken or manipulated. The situation you described involves both privacy and potential data protection concerns, particularly if the company or employee used your images without... View More

4 Answers | Asked in Intellectual Property for Illinois on
Q: How can I get to continue with my application after considered abandoned for not replying on time? Sailreddy

This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application

Alan Harrison
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answered on Sep 1, 2024

Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.

"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to...
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2 Answers | Asked in Copyright, Personal Injury, Intellectual Property and Libel & Slander for Ohio on
Q: Can I send a cease and desist letter for defamation/ libel?

I recently watched a presentation of a marketing and sales coach who gave names of his clients as examples. I reached out to a client who was in a similar industry to me to both find out more about her offerings for my own life but also to learn more and gain insight from her sales process. The... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2024

Your inquiry to the client who had been identified by the coach was perfectly reasonable and defensible, so the threat of retaliation was bluster. The threat to cause you harm is "actionable", that is, you could sue for it to get an injunction and possible money damages. So, challenging... View More

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1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for South Carolina on
Q: Can I use publicly available videos if someone says 'Yes' in a direct message on social media?

I run a marketing company. I sell social media short video services. To make the short videos, I repurpose existing videos. I've gained access to these videos by asking people online if I can use their videos for this exact purpose. They will simply reply back with 'Yes' or... View More

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answered on Aug 31, 2024

While receiving a "Yes" or "Sure" in a direct message provides some level of permission, it may not be enough to protect you from potential legal issues. Verbal or written informal agreements, like those made in social media messages, might be considered valid, but they can be... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: The church copyright exemption for music public performance includes Sunday school?

I'm a Sunday Bible school teacher for children at my church, and I sing songs with them during our class. Is that legal?

If I start playing the guitar with these songs, would it still be legal? Everything is done in our church kid's classroom

James L. Arrasmith
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answered on Aug 30, 2024

Yes, you can legally sing songs with the children in your Sunday school class under the church copyright exemption. The exemption generally covers performances of music as part of a religious service, and Sunday school can be considered part of the church's educational and religious... View More

2 Answers | Asked in Intellectual Property and Trademark on
Q: Can there be any lawsuit against me if I name myself as a DJ "ACE OF BASS"? Its similar to ACE OF BASE, famous 90s band.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 28, 2024

This is a trademark matter, not copyright. Neither ACE OF BASS nor ACE OF BASE is currently registered as a trademark for entertainment services (or anything else), and there would be no likelihood of confusion that your DJ services are the same as the band's. The essence of a trademark... View More

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