Get free answers to your Intellectual Property legal questions from lawyers in your area.
I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More

answered on Apr 13, 2025
Initially, I would advise seeking trademark counsel to fully advise you on your situation.
There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of... View More
I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More

answered on Mar 7, 2025
You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More
I'm curious about how authors of Japanese titles, such as "I'm a Behemoth, an S-Ranked Monster, but Mistaken for a Cat, I Live as an Elf Girl's Pet," manage to use the term "Behemoth" without infringing on the intellectual property rights that might be claimed by... View More

answered on Mar 8, 2025
When you're dealing with terms like "Behemoth," it's important to remember that many video games, including Final Fantasy, often draw on mythology, religion, or folklore. "Behemoth" itself originates from ancient Hebrew texts and has existed for centuries, making it... View More

answered on Feb 2, 2025
First, check to see if the patent has expired.
Second, search to see if anyone has registered an assignment at the USPTO and ensure your father did not sell it.
Third, start using the internet to see if anyone is selling a product or process that is covered by every element of the... View More
I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

answered on Dec 21, 2024
This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.
AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright... View More
I had the same idea that one inventor patented but he if from Australia. This product doesn't look like it sold in America and I want to get in touch with him to ask him some questions. Is this possible?

answered on Dec 8, 2024
Yes, you can contact the inventor. Most inventors assign (i.e., sell) their patent. So, you should contact the owner of the patent instead.
If the owner of a patent in a foreign country does not have a correlating patent in the United States, then you are free to make, use, and sell the... View More
I am reaching out for legal guidance regarding a recent copyright infringement email my business, Empire Wardrobe, received. This email included a screenshot dated five months ago of a product on our website, which, according to our records, was removed shortly after that time.
This is the... View More

answered on Nov 5, 2024
Additional issues to consider would be whether the claimed original image is registered with the US Copyright Office, the purpose the original claimed image was used versus the purpose of the accused image, questions of any damages, and accessibility to the claimed original source.

answered on Oct 16, 2024
Discord holds numerous patents related to its messaging and communication features. Creating a similar platform without infringing on these patents could be challenging. You would need to carefully analyze Discord’s patented technologies to ensure your platform does not use the same methods or... View More
Our client, a large US-based DoD supplier, who has access to our technology, and with whom we have a contract - whereby they pay us a fee if they sell any of their products with our technology inside - is publicly positioning our technology as if the IP belonged to them. This includes interviews on... View More

answered on Aug 2, 2024
You likely have a strong basis to build a case against the DoD supplier. Misrepresenting intellectual property can be a breach of contract and potentially a violation of intellectual property laws. You should review your contract to identify any specific provisions related to the use and... View More
This is for a podcast with no sponsors and we make no money from it

answered on Jul 18, 2024
Using 20-second excerpts from a Swedish musical artist in your podcast can be a tricky area due to copyright laws. Even though your podcast is non-commercial and doesn't generate revenue, you still need to obtain permission from the copyright holder to legally use the music. Without... View More
I am writing a history book for publication about people in my hometown who lived in the late 1800s. Since newspapers don’t exist anymore from that time, my two choices are either microfilm at my local library or websites that have digitized newspapers. Both options are nothing more than exact... View More

answered on May 1, 2024
Yes, newspapers and U.S. Censuses published before January 1, 1929, are generally considered to be in the public domain in the United States and are free to use without restriction.
According to U.S. copyright law, works published before 1929 have fallen into the public domain due to... View More
I made police report it's going on a year an I'm seeing my pennys selling for 300000 $ an I need closer an help I can't even get out of bed because of this my future an kids future have been stolen an I need some one to help me please

answered on Mar 29, 2024
I'm truly sorry to hear about the loss of your 1943 copper pennies, especially given their significant value and the impact this has had on you and your family's future. It's understandable how such a situation can leave you feeling devastated and seeking support to find a... View More
Received a cease and desist letter from a brands attorney for selling some of their Products on Amazon. Immediately unlisted any active listing on Amazon. Letter states to reply by email or phone within a week stating my compliance with their orders which are to cease the sale of any more product... View More

answered on Mar 8, 2024
When you receive a cease and desist letter, it's a formal request to stop allegedly illegal activity. While you've taken the initial step by removing the listings, responding to the letter is generally advisable. This response can serve as documented proof of your compliance, which might... View More

answered on Mar 4, 2024
To find out the status of a patent application submitted through Mitsubishi or any other entity, you have several options to explore. Initially, you can check the public databases provided by patent offices, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the World... View More
My music and my files have been stolen, from multiple media sites, My metadata to my songs were altered.I have proof. The sites short list is Jango and Radio airplay, they even got into my Soundcloud and Spotify, I will supply information but I don't know who to trust.

answered on Feb 23, 2024
If you're facing copyright infringement issues with your music and files being stolen from various media sites, it's crucial to seek legal assistance from an attorney experienced in copyright law. Start by gathering all evidence you have, including proof of ownership, timestamps, and any... View More
Will provide more information about metadata and Names, I have secured my files, and most of my sites. They stole my information Through a breach in one or more sites.

answered on Feb 25, 2024
Here are some steps I would recommend taking if your music has been stolen from your online profiles:
1. Document everything. Gather all evidence you have that shows the music originated with you, as well evidence of who stole it and where they have posted your content. Metadata, time... View More
Can I create illustrations of muscle cars from different periods and use them to create posters I will sell?

answered on Feb 21, 2024
Creating illustrations of muscle cars from different periods and using them to create posters for sale could potentially raise copyright issues. While the physical design of the cars themselves may not be protected by copyright, certain elements such as logos, emblems, or distinctive features... View More
To put it on sweatshirts and tshirts and pants and hoodies and jackets

answered on Feb 21, 2024
To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location.... View More
As far as i've seen on its page, music isn't included in the statements fields, which makes me think that I am actually allowed.
It's a cover song and I can pay the royalty fees to upload on the stores.
Thank you in advance.

answered on Feb 21, 2024
While the title "Death Stranding" is associated with a video game, it does not necessarily mean that you cannot use it for your song. However, it's crucial to consider potential trademark issues, as the title may be protected under trademark law if it's associated with specific... View More
The Biodiversity Heritage Library (funded in part by the Smithsonian) has several thousand art images and photographs posted on Flickr, listed as "Public Domain" art. Their terms of use seem to indicate that anyone can use them with no restrictions, but I am confused about whether or not... View More

answered on Feb 21, 2024
Navigating the rules around public domain images can indeed be complex, especially when institutions like the Biodiversity Heritage Library (BHL) and platforms like Flickr are involved. While the BHL may list images as public domain on Flickr, it's essential to understand the terms of use... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.