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Massachusetts Copyright Questions & Answers
1 Answer | Asked in Trademark, Copyright and Intellectual Property for Massachusetts on
Q: How do I copywrite and trademark the Flying Yankee name?
James L. Arrasmith
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answered on Jun 19, 2024

To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:

Copyright:

1. In the United States, copyright is automatically granted to original works upon...
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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

James L. Arrasmith
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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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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is making up a "generic original name" more legal than trademark infringement?

Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More

James L. Arrasmith
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answered on Mar 23, 2024

When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More

Q: What are the implications of operationalizing the US patent in a different country?

I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators

However, I might be able find all this partnership in a different country.

What should be done from the legal stand point to:

1) protect this invention... View More

James L. Arrasmith
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answered on Feb 4, 2024

To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: If I have the literary copyright for bla bla, could I use bla bla for a different copyright?

I want to use the name across multiple copyrights. Am I allowed to do that?

James L. Arrasmith
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answered on Feb 1, 2024

If you hold a literary copyright for a specific work, such as a book, article, or other creative content identified as "bla bla," it generally pertains to that particular work and its use. Copyright protection is specific to the creative expression contained within that work and the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I have assistance in removing all unauthorized fan games from the community?

As you may be aware, popular franchises can bring forth the desire to create fan games. However, there is one problem that should be brought up to attention. One of these franchises, the Pokémon franchise, is owned by a company whose policy is to decline ALL usage of their copyrights and... View More

James L. Arrasmith
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answered on Jan 5, 2024

Addressing unauthorized use of copyrighted material, such as fan games based on the Pokémon franchise, is a legitimate concern for copyright holders. If you are representing the rights of the company owning the franchise, you have the legal ground to take action against copyright infringement.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I create a company called “Robin-Hood loans” or Robin-hood Funding”? What about RobbinHood or Robbin-Hood with two B

I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.

Eric Estadt
Eric Estadt
answered on Jul 6, 2023

I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: will the name 'milky way electric' cause any copyright infringement on milkyway the chocolate bar company?
Eugene Vamos
Eugene Vamos
answered on Jun 28, 2023

It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More

1 Answer | Asked in Copyright for Massachusetts on
Q: can i use dmca to remove infringing copy of my work from a website of someone i already have a lawsuit against.

thank you... updated... I am in federal court for copyright infringement, and dmca notice on the website to keep my books out of their hands. they have threatened to send an injunction to the judge if i do not allow them to keep my content on their website. in their counterclaim they are saying... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 8, 2023

The fact that you have a pending complaint in federal court does not keep you from submitting a DMCA takedown notice to any online platform.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Massachusetts on
Q: Can I register as a part of my logo and brand name, the city name where I am located? For example, XYZ Shoes, Boston?
James L. Arrasmith
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answered on Apr 2, 2023

Yes, it is generally possible to register a brand name and logo with the name of the city where you are located. However, there may be limitations or restrictions depending on the specific city and any trademark or naming regulations it may have. It is recommended to consult with a trademark... View More

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1 Answer | Asked in Copyright for Massachusetts on
Q: Can I copyright a book under a pseudonym without having to give my real name?

I want to copyright my book. But I’ve written it under a pseudonym because I don’t want people know I wrote the book. Is there a way to do this without giving my true information? Maybe get a P.O. Box under the pseudonym?

Steve Charles Vondran
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answered on Dec 17, 2022

Registering copyright for a book written under a pseudonym can be done without using a real name. The copyright registration process involves submitting your work, along with other necessary materials, to the copyright office. When registering copyright under a pseudonym, the copyright form should... View More

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: If someone takes a screenshot of my tweet and shares it without my consent, is that a copyright violation?

Someone took a screenshot of something I said on twitter and removed the context to make me look like a sexual predator. I consider this to be potentially libelous and/or slanderous. Do I own the copyright of the tweet and if so, is there anything that can be done about it?

Steve Charles Vondran
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answered on Mar 12, 2022

Good question. Generally speaking, a tweet is not typically copyrightable as it usually contains just a short phrase with a limited amount of characters and according to the United States Copyright Office ("USCO") this can be considered de minimus as far as creativity is concerned. Now,... View More

1 Answer | Asked in Copyright for Massachusetts on
Q: I hired a company to create a logo

I hired a company to create a logo for my business which will be starting in the future. They created the logo for me and before they emailed it to me they wanted all sorts of money to get a copyrighted. I did a quick search and think I found out that it does not need to be copyrighted unless I... View More

Robert Kost
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answered on Nov 17, 2021

There's a lot to sort out here. First, if you paid for a logo, I'm not sure why you're obligated to the vendor to copyright it (meaning: register it with the copyright office - see below). A more fitting form of legal protection is probably trademark, which is very different from... View More

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: I want to make a nft colection, but I'm concerned about copyright.

The idea is to make dogs dressed as marvel superheroes(for example dog ironman, dog spiderman). Is that legal, and how far can I go in that direction without paying a fine

Robert Kost
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answered on Nov 16, 2021

You are correct to be wary. I'm sure the trademark lawyers at Marvel are alert to any and all uses of their trademarks. It's not so much a "fine" that you would pay, as much as it might be money damages and an injunction against using the marks on your non-fungible and... View More

2 Answers | Asked in Copyright for Massachusetts on
Q: Am I allowed to publish my old LP collection on YouTube? Are there also state laws prohibiting this in Massachusetts?
Robert Kost
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answered on Nov 8, 2021

By "publish," do you mean digitize and upload? Without knowing more, I believe the answer is pretty clearly NO.

Section 114 of the Copyright Act speaks directly to "sound recording" rights in, for example, your old LPs. That right belongs to the copyright owner....
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1 Answer | Asked in Copyright for Massachusetts on
Q: How do i go about trade marking a name ??? What are cost involved in acquiring a trade mark name
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 9, 2021

You need to consult with an attorney and understand your options

1 Answer | Asked in Copyright for Massachusetts on
Q: Do I have to be associated with a public library in order to print and sell t-shirts with Nat Library Symbol?

The ALA site suggests the symbol is free for all to download and use, but also mentions it is intended for libraries.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 22, 2021

Very likely

Its use is probably limited in scope

Consult with an attorney to understand your risk and limits

1 Answer | Asked in Copyright, Internet Law and Trademark for Massachusetts on
Q: My dad was an ebay guy in the 90s . I sold.com was mailed to him then. Does he still controll it? Not used in years than

I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of Isold.com. But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... View More

Omar Darwich
Omar Darwich
answered on Jul 9, 2021

alot of depends here. I think more facts are going to be needed.

best course of action would be to consult with an attorney

1 Answer | Asked in Copyright for Massachusetts on
Q: Can I print & sell a book 1st published in 1885, Reprinted 2004 with "All Rights Reserved Revised Edition 1975?"

I have a paperback book 10"x14" of blank genealogy charts that I want to print and sell. The book of charts were devised by William H Whitmore, first published in Boston in 1885; Reprinted 2004 by Tuttle Antiquarian Books, "All Rights Reserved Revised Edition, 1975." Tuttle... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 17, 2021

Probably.

Depends on what you have in your possession.

IF it is a document or book printed in 1885, you maybe able to make copies of it.

IF YOU have a print of that book, but that is after 1930 or that the PRINT has a copyright, you need permission of the publisher of that edition.

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: A photographer is claiming use of an image without permission and demanding copyright damages. What do we do?

N/A

Steve Charles Vondran
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answered on Jan 20, 2021

There are many "photo trolls" out there seeking thousands of dollars for use of a single image. There are many different things we consider in deciding what amounts are fair and proper under the copyright law. For example, some factors to think of are:

1. Is the photo...
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