Get free answers to your Intellectual Property legal questions from lawyers in your area.
My husband was charged with a felony in Kansas while out of town for work. He was picked up on a probation violation in Missouri where he found out about the charges and signed a waiver of extradition. He was detained for 3 months while waiting for he probation violation hearing where the revoked... View More 
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answered on Oct 15, 2024
When a waiver of extradition is signed, it typically allows the state where the charges originated to request the individual's return without further legal proceedings. Since your husband is now incarcerated in Missouri, Kansas may still need to issue a detainer to formally request his... View More
I am writing a book about growing up from 1951 - 1962. I inherited the pictures my parents took of me and my 6 siblings during that time. Can I use these pictures even if my siblings don't give their permission? My parents took them, I inherited them, and I am in the pictures.
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answered on May 19, 2024
The use of photographs in a book can be a complex legal issue, and it's advisable to consult with a lawyer specializing in intellectual property rights to get a definitive answer. However, here are some general points to consider:
1. Copyright: The person who took the photograph... View More
I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More
answered on May 8, 2024
Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.
You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a... View More
These T-shirts are everywhere on platforms like Etsy.
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answered on Oct 18, 2023
The use of a trademarked word like "Thankful" on clothing may be subject to various factors, including the scope of the trademark and any potential licensing agreements. If you believe someone is infringing on a trademark, you may want to report it to the trademark owner. For personalized... View More
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answered on Sep 9, 2023
Obtaining a license agreement to use intellectual properties of Disney, Marvel, and DC for creating custom merchandise involves approaching the respective companies and negotiating a license agreement with them. You will need to prepare a detailed business plan outlining how you plan to use their... View More
my dad made a mod for a game; they said that they would pay $500 and put his name in the credits. years later, his name is nowhere to be seen, what can he do about this?
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answered on Jul 10, 2023
If your dad made a mod for a game and had an agreement with the company to be paid $500 and have his name in the credits, but the company has not fulfilled their part of the agreement, he may consider reaching out to them to remind them of the agreement and request that they rectify the situation.... View More
I would like to make another attempt to market my invention. I believe my patent expired and would like to know how I can bring it up to date or does someone else now own it?
answered on May 8, 2023
If you had an issued Utility or Design patent and that patent expired at the end of the life of the patent, then that idea is part of what the public gets to use without paying patent royalties.
If your Utility patent lapsed as you unintentionally failed to pay a maintenance fee, then that... View More
The paintings contain nothing copyrighted or trademarked, I have not registered them. They are too numerous to afford to do so. The other person lives too far for both of us to meet to sign a document together. And I have no requirements of them. I simply wish to give the copyright away to... View More
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answered on Mar 29, 2023
To transfer copyright ownership to another individual, a written agreement or document is typically necessary. This agreement should clearly state the transfer of ownership, including the scope and duration of the transfer, and should be signed by both parties. While it is possible to create such... View More
answered on Jan 3, 2023
The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.
IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there... View More
I want to create a cookbook/blog with Pinterest recipes stating where I found the original I used but talk about how my version turned out while sharing the recipe. is that legal or copyrighted? I plan to take my own photos of my attempts to make the dish, the ingredients (if I change it when I... View More
answered on Oct 26, 2022
Your use of previously published recipes does not infringe the copyright in them, as it is "fair use" under the law. Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and... View More
What are the rules regarding using a copyrighted name for small business commerical use? I'd like to be able to put albums, song names, or use images from movies on clothing items - obviously with an original twist of my own, but I'd like to stay in business, too.
answered on Oct 12, 2022
These are sort of complicated and not so easy to answer questions which would require more details from your side so we can provide you more case specific answers.
In general - you can not use copyrighted logos, names, designs and so on without the consent of the copyright owner in... View More
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answered on Jul 26, 2022
Generally speaking, the photos you take are your own property, and can be protected by copyright. This means, as your property (IP), you can use it as you like. Some buildings can be subject to architectural copyright protection, but being a federal building (taxpayer funded), I would feel... View More
I am the founder and president of a non-profit organization, registered in Missouri since 2019. A former board member has stolen the intellectual property of the organization and is using the organization's name for personal use. They have removed my access to the domain name in the... View More
answered on Jun 4, 2022
The devil is going to be in the details on this, and there are probably dozens of follow-up questions that a nonprofit attorney (which I am) or an intellectual property attorney (which I am not) would ask you. But here are some thoughts.
This type of situation often arises when two or more... View More
I want to make my own cards for people to support their loved ones who are coming out as part of the LGBT community. However, other people are already doing that. Since that idea is so specific and unusual, could someone copyright that type of card? Or can anyone make any type of card as long as... View More
answered on Dec 27, 2020
The second. You can not protect the concept. You can only protect the content, its substance and look and feel. So you can protect the combination of words, in a specific style, graphics, artistic elements.
They need to be unique.
Consult with an attorney.
answered on Nov 4, 2020
I recommend contacting a Family Law attorney to discuss your specific situation.
I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... View More
answered on Jul 26, 2020
The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... View More
My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... View More
answered on Dec 30, 2019
In general trademark protection is territorial
if they are not selling the same products under the same brand in the same territories, both may be able to coexist
if they are selling in the USA, they can claim rights over the brand, even if it is not registered
consult with... View More
My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... View More
answered on Oct 7, 2019
You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck
Tim Akpinar
I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation... View More
answered on Nov 30, 2018
It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark... View More
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