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Louisiana Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

Fritz-Howard Raymond Clapp
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answered on May 6, 2024

There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.

A video game would be in IC009, and although...
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1 Answer | Asked in Trademark and Intellectual Property for Louisiana on
Q: Since Warner Brothers holds the trademark for "BAZINGA!". Can the word bazinga be used such as BazingaCon?
James L. Arrasmith
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answered on Feb 27, 2024

Warner Brothers holds the trademark for "BAZINGA!" primarily due to its association with the popular TV show "The Big Bang Theory," where the term gained its fame. The use of "BAZINGA!" in commercial activities, especially those that might suggest an association or... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: what gun designs should i stay away from recreating for a game. i dont intend to use real names
T. Augustus Claus
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answered on Jan 18, 2024

When creating a game, it's essential to be cautious about recreating gun designs, especially those that are distinctive and associated with specific manufacturers. While you don't intend to use real names, the visual similarity or unique features of certain gun designs can still be... View More

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1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: I am planning to publish a calendar or devotional book using pictures from insert a photo on my laptop. Is that legal?
James L. Arrasmith
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answered on Dec 23, 2023

In Louisiana, whether it's legal to use pictures from your laptop in a calendar or devotional book largely depends on the copyright status of those images. If you took the pictures yourself or have explicit permission from the photographer, you generally have the right to use them for your... View More

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: Can you post a link to jobs and write a description of the jobs benefits on a blog without permission from the company?

I have a blog and I want to post work from home job leads on it with a description of the jobs benefits underneath it. Is this legal? Will I have to have permission from the business to post their link to apply to the job on my website and write a blog post in my own words about the job benefits... View More

James L. Arrasmith
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answered on Dec 1, 2023

Posting job listings and descriptions of their benefits on your blog without explicit permission from the companies can be legally permissible, especially if the information is already publicly available. When you use publicly available information, like job descriptions and benefits, and present... View More

2 Answers | Asked in Trademark and Intellectual Property for Louisiana on
Q: Why could Activision Publishing Inc. register a trademark for "It's About Time" for video games?

There were two video games subtitled "It's About Time" in the 2010s decade, Electronic Arts' Plants vs. Zombies 2 upon its initial release in 2013, and Null Reference Games LLC's Cars with Guns: It's About Time in 2017, yet Activision was able to file a registration... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

Regardless of what marks were in use, Activision was able to register this because no one else registered this mark for video games. If another party used a similar mark for video games before them, and that other party is still using that mark for video games, they could file a cancellation... View More

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1 Answer | Asked in Intellectual Property for Louisiana on
Q: Do I have rights for the mascot I created for my company?
James L. Arrasmith
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answered on Jun 19, 2023

Hi there! If you created a mascot for your company, you may have certain rights to that mascot under copyright law. Copyright law protects original works of authorship, including literary, artistic, and graphic works. If your mascot is an original creation, it may be protected by copyright.... View More

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Business Law for Louisiana on
Q: If i work in a group for school and we create a marketable idea of a company. Can I create the company without them?

We are creating a fake application for our marketing class. With their help we are creating the idea and presenting it. We all contributed to the final idea. If I create the application and go public with it, could I face legal backlash from them for not including them in the company?

James L. Arrasmith
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answered on May 2, 2023

It depends on the terms of your agreement with the other members of the group. If you had a written agreement or contract that specifies each person's rights and responsibilities in regard to the creation and ownership of the company, then you would need to adhere to those terms. If there was... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: Can I name my sci-fi video game the same thing as an existing sci-fi book anthology?

The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.

Fritz-Howard Raymond Clapp
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answered on Mar 7, 2023

Although titles of works are not copyrighted, the characters and other elements of the book may be, so steer clear of infringing them. The other consideration is whether the title -- even if not subject to copyright -- may be registered as a trademark. You should consult an experienced... View More

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1 Answer | Asked in Intellectual Property for Louisiana on
Q: I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property.

I received a mail from Kilpatrick Townsend about infringement of Apple’s intellectual property. I have an android app which uses Dark Sky company's weather data by formal way (I make payment every month for using Dark Sky data). But the Dark Sky company is bought by Apple in 2020. My weather... View More

Erik Špila
Erik Špila
answered on Nov 11, 2022

Tis could be a very case sensitive situation and we would need more details about the case in order to advice more. I highly recommend you to seek an advice from a local intellectual property lawyer so she/he can go through your case in detail and can give you best possible solution for this... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: How can the discovery of a novel compound from medicinal plant be protected by patent?

Novel compounds were isolated, characterized and elucidated from a traditional herbal medicinal product that had been in use for centuries by folk medicine practitioners. Is it possible to file a patent on this?

Erik Špila
Erik Špila
answered on Oct 12, 2022

This is a very difficult to answer just based on the information you have provided. I advice you to seek qualified patent attorney in your region/city so he can guide you through the whole process and discuss you with your options.

1 Answer | Asked in Intellectual Property for Louisiana on
Q: I just found out my grandfather had a patent. How could I research if his intellectual property has been used?

patent # 2,746,620

Loading device for elevated platform

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 18, 2022

Your grandfather's patent is US2746620 and was granted in May of 1956. https://patentimages.storage.googleapis.com/0c/62/fa/ea6fb18d961575/US2746620.pdf

While your question centers on finding anyone using this technology, you may be wondering if anyone using the technology is paying a...
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1 Answer | Asked in Intellectual Property for Louisiana on
Q: Hi I am interest in an abandonded house next door can I pay the back taxes and place a lien on the property

Once I do this how do I take possession of the property after 6 months

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 31, 2021

The process to get possession is not as simple and quick as you like----however, if you are serious about this, I recommend that at a minimum, you consult with a property or real estate lawyer in your area--pay him for a consultation----and ask the questions you have and get the information you... View More

2 Answers | Asked in Intellectual Property and Real Estate Law for Louisiana on
Q: We have a donation of property that is being revoked. Was presented to us as a legal document by a notary. Now the donee

Wants to revoke saying the witnesses were not present. Her attorney wants us to sign a stipulation saying we agree it’s not valid. We don’t want to sign because this doc has cost us thousands of dollars and would like recourse. We do have a court date...question is can we not sign and let... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 13, 2021

If you have a court date, then a lawsuit has been filed. You indicate that "...this doc has costs us thousands of dollars and would like recourse." You need to immediately consult with an attorney or 2, and then hopefully hire one to represent you. Good luck.

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Louisiana on
Q: Will I run into trademark copyright issues by including "there's no place like home" in my event slogan?

I am helping host an event and we would like to use the slogan: "There's no place like home, and no taste like gumbo".

Furthermore, would the slogan: "There's no taste like gumbo", paired with a yellow brick road and red shoes for an event logo, cause any problems?

Bill Hulsey
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Bill Hulsey
answered on May 1, 2020

Probably not

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: Is this patent still good?

I have the molds for these boats and was checking to see if patent expired

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 4, 2020

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...
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1 Answer | Asked in Civil Litigation, Contracts, Intellectual Property and Real Estate Law for Louisiana on
Q: Can a property manager be held responsible for providing a master key to a person that is not listed on a lease

Which resulted in two break in,which the property manager confessed to providing a master key to a guest not leasing with the complex on a police report,can the property manager be held responsible as well as an accessory for my home being broken into for a second time

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 12, 2020

Yes both civily and criminally

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 30, 2019

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
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1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: Does copyright filed in the UK apply in the US? And if the products are cosmetic and similar does that apply?

I received a message from someone on Facebook regarding some cosmetic brushes that I customize in my free time and that I have sold to a few people. They claim that their brushes, which are similar, are copyrighted but I see no proof of it on the website or elsewhere. They are also located in the... View More

Warren V. Norred
Warren V. Norred
answered on Aug 1, 2019

A work registered in the UK may be enforced here under the Berne Convention, but I'd ask them to give you proof of copyright.

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: Can I claim unjust enrichment as a Joint-author of a copyright if publisher has not paid my splits and has not included

any attribution of my contributions within press releases of the work — despite the fact that only my contributions appear in that press release. The attribution of the songs lyrics, and ideas in the NPR press release include every other joint-author excluding me. This enriches the other... View More

Griffin Klema
Griffin Klema
answered on Apr 24, 2019

Short answer: maybe. Long answer: it probably depends on how clear the evidence is that you were actually an author on the subject work. Have any of the other authors (or anyone generally involved in the development/project) claimed that you did not make any creative contribution to the final work... View More

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