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answered on Sep 24, 2023
Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.
I claim to be the original Bruce Wayne.
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answered on Sep 17, 2023
Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More 
I am a builder/designer
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answered on Sep 11, 2023
First, you might consider reaching out to the party involved to seek a resolution outside of court. If that doesn't work, you can take legal action for copyright infringement, as blueprints can be considered intellectual property. To establish a strong case, it will be beneficial to have proof... View More
My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More
answered on Aug 8, 2023
Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More
How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what... View More
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answered on Jul 28, 2023
Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to... View More
I am wanting to run a Zelda D&D session on a podcast, and I was wondering if there was any problems with doing so.
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answered on Jul 10, 2023
Creating a D&D podcast set in the Legend of Zelda world can potentially raise legal concerns related to intellectual property rights. Nintendo owns the rights to the Legend of Zelda franchise, including its characters, settings, and storylines. It's important to note that unauthorized use... View More
answered on May 5, 2023
Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.
Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and... View More
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... View More
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answered on May 2, 2023
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... View More
Not the actual characters but 2 of their grandchildren would be used.
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answered on May 7, 2023
No, using the name "Hardy Boys" for unrelated characters, such as the grandchildren of the original characters, could potentially infringe on the trademark owned by the publisher of the book series. It is best to come up with a unique and original name for the new characters.
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answered on May 2, 2023
Downloading old games from sites like archive.org can be a legal gray area. In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading... View More
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
answered on Feb 22, 2023
This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... View More
Like France Belgium Switzerland Mexico, Japan etc
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answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... View More
- I’ve searched and it is not trademarked.
- The quote from the book is only 7 words and I am looking to sell my own artwork inspired by the book with the quote on it.
-the book was independently published
- I was under the assumption that short phrases cannot be... View More
answered on Oct 14, 2022
You really need to speak with a copyright attorney. It would seem that quote is quite generic. But most of the exceptions to use of copyrighted material revolve around non-commercial activity; your proposed use would be commercial, so you definitely will want to check into it before moving forward.
I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.
But I'm worried about getting in trouble with copyright or getting... View More
answered on Sep 13, 2022
Dear Creator,
thats a very interesting question and I will gladly try to answer it.
At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as... View More
I’m working on a book that will be a collection of stories from my childhood. Can I use a picture (that I have in my possession) of a family member on the book cover without having to seek their permission?
answered on Mar 10, 2022
Possibly. But why risk it? Suppose your book becomes a best seller. Do you want to risk a public problem down the road that could have been avoided by privately asking permission?
I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... View More
answered on Jan 9, 2022
You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... View More
the golf ball includes a single picture of boss baby
answered on Jul 18, 2021
It depends on the seller and the type of content.
Consult with an attorney.
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... View More
answered on Mar 12, 2021
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... View More
Example loony tunes characters. Pepe le Pew.
answered on Feb 16, 2021
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... View More
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