The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type...Read more »
This would require a license from the license holder, occasionally represented by a consortium, permitting you to use the character. Some intellectual property holders that regularly license out its property, like book publishers or some collegiate associations, will have links on webpages to...Read more »
Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).
Go to USPTO search trademarks. See if anyone us using this in your classification. Also do a common law search (especially in the state you are planning to do business), and others. A lot of similar marks are allowed to co-exist, but do a little leg work and see what you find. Good legal. This...Read more »
I have a business called Crossnik Media. We are getting ready to run an introductory ad with the goal of getting some brand recognition for our new local business in Midland, MI. At the end, we say "Welcome to Crossnik Media", because throughout the ad, we're explaining our... Read more »
In order to give definitive advice to you I would want to know all of the facts, including your proposed use, but I can say for certain that the bank does not have exclusive rights to that the word "welcome". I don't see any possibility of confusion if you are using "welcome...Read more »
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in...Read more »
Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... Read more »
I am creating a continuing education program and certification for strength and conditioning coaches and rehabilitation professionals on training and rehab of the throwing athlete. I would like to show video analysis of voiceover style videos featuring professional pitchers to demonstrate proper... Read more »
You should get permission from the copyright holder of the video - could be the videographer or their employer, or ESPN... In my opinion what you are describing would not pass a fair use test. You might also need permission from the athlete in the video, depending on state law.
Like I want to develop this app which is like the Pokemon Dex but for anime characters and I can't draw and even if I could, it would be technically using the art from the anime character creator. I want to monetize it so I am able to upgrade the backend as the character's info is with... Read more »
I currently create a hair product for a celebrity that I created and cook in my kitchen. I package it and send it and she applies her label to it. Can I patent the formula just in case she wants to buy it, how do I know how to price the formula? She has ingredients, not the specific formula... Read more »
Congratulations on your new venture. I hope that it will be profitable for you.
And also congratulations about worrying about patents now, before you start the production and sales. Too many people ignore patents, spend lots of money on designs, tooling up, and manufacturing their...Read more »
In doing so, he will have the burden of proof that what he was doing comes within the criteria of fair use. The annoying thing is that whoever the ISP, they just dumped the ball into your court. You may want to explore with an attorney familiar with the Digital Millennium Copyright Act and its...Read more »
I would like to use other pictures, but the ones I'd need to use are over 40 years old and it has been increasingly difficult to find the people who took them to even ask for permission. Is there any way that I can photograph the replica NFL jersey without getting into trouble? If not, how... Read more »
You have a couple issues here because the copyright in the photograph likely still exists and any use without permission would constitute infringement. It can be difficult to figure out who to get permission from if there is no identifying information for the photo. However, you may also have a...Read more »
17 USC 110(3) exempts from infringement the display of a work during "the course of services at a place of worship or other religious assembly." My church, and many others, usually sells recordings of that day's message. However, I would caution against that because the sale of the...Read more »
Example, I read a woodworking book or watch an online class on how to make a type of drawer, and then create an online class using what I learned, without using any of the original material, did I infringe the copyright?
Copyright does not protect ideas, methods and processes. It protects the expression of those ideas, methods and processes. Whether or not you are infringing the person's copyright depends on your use of their work in your own creation.
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?
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