Get free answers to your Copyright legal questions from lawyers in your area.
I posted a picture of my client, no face, no identifying markers. I thought I had permission based on a text conversation because she did not sign a media release. she asked me to remove it, i did immediately, she wrote me after and said she is suing me (after the photo was removed). Can I still... View More 
answered on Apr 29, 2021
More information is needed. But anyone can sue, whether they have a serious claim is another thing.
Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?
answered on Feb 15, 2021
Whether you infringe and whether you need a patent are two different subjects.
With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the... View More
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answered on Oct 29, 2020
hard to say. I would ask, what are you trying to accomplish? Maybe you can come up with something unique?
Basically, is it legal to exchange the first word and make a new brand out of it (whether it's Spain, Texas etc)? I was about to make a new brand when it came to my attention that there is already a brand with a very similar name- and it's apparel as well. The original company is... View More
answered on Aug 26, 2020
Using a trademark that is very similar to an existing trademark in the same class/category may be at risk for a claim of trademark infringement and dilution. Moreover, the USPTO may reject the trademark application due to a likelihood of confusion with a registered trademark. Consult with a... View More
answered on Aug 17, 2020
You can always sue, but it is probably not worth it unless it is affecting you substantially and you can quantify it
They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy
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answered on Aug 7, 2020
Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.
I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?
answered on Jul 6, 2020
The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law... View More
My son built a kart that he was killed in. The kart was sold for scraps. I am starting a foundation of which images and logo of said kart will be created and used along with two phrases he would often use. I would like to have them trademarked/copyrights yet not sure if my sons wife would have any... View More
answered on Jun 22, 2020
Sorry for your loss -- my condolences.
This is a more unique situation than others related to trademark and copyright. The intellectual property is related to a person. There are specific issues related to trademarks for surnames. There is also the issue of right to publicity (or right... View More
I have students working on my product for their capstone project. It does not have copywriters yet. Do I need an attorney? Where can I find an affordable one in Cherry Hill NJ?
answered on May 22, 2020
It is not clear from what you write whether you have need of a patent or a copyright attorney. In either case, having someone else work on the project could mean they end up with the IP rights. So before you go further, do find an IP attorney who can assess what has been done and what needs to be... View More
In a brief I took over a pizzeria and restaurant in jersey shore boardwalk, the pizzeria name are also named to about other 4 restaurant in the same boardwalk but with different way, like one is named original....., other name restaurant and pizzeria, other named (...... 4)., mine is name (....... View More
answered on May 13, 2020
Generally speaking, a business does not have to register a trademark in order to have trademark rights. There are common law trademark rights that are acquired by use of the mark. Using a trademark that is confusingly similar may be deemed infringement. However, if your mark was in use before the... View More
famous people are being used as characters, using their real names, and they have dialogue, relationships, etc. in this book, i.e. a very famous baseball player and a very famous reporter.
answered on May 8, 2020
You need to proceed cautiously, especially if the people you write about are alive. Famous people have the Right of Publicity, meaning the right to exploit their own fame. Definitely work with an attorney before you publish your book.
I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?
answered on May 8, 2020
As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for... View More
I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... View More
answered on Apr 27, 2020
Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.
I strongly suggest moving on.
Marcos E. Garciaacosta
www.legalbizglobal.com
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answered on Feb 16, 2020
SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.
Robyn T. Williams... View More
Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... View More
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answered on Feb 13, 2020
You can see if the original creator is willing to grant a license to use the works. Particularly since you've already been given notice.
I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?
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answered on Feb 4, 2020
Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... View More
One of the method that is teached is a Unquie method of remarketing. There is a paid program out there that teaches a simailr version of this as well, as well as information online about it. I have used some of this work as inspiration, and created a similar strategy in my own words, but the end... View More
answered on Jan 24, 2020
It seems your teaching/coaching methodology may be protected by copyright and/or patent protection. Copyright law protects original works of authorship; caveat is it need to be in a tangible form like videos or books. There is not enough information here to say yes or no. If the paid program that... View More
answered on Dec 18, 2019
No that would be copyright infringement. You’ll need the artists permission first — make sure you get it in writing as well.
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answered on Nov 27, 2019
If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.
They are letting the other person claim it as their own and refusing to pay for it
answered on Feb 8, 2019
Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I... View More
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