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New Jersey Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
James L. Arrasmith
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answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
James L. Arrasmith
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answered on Mar 4, 2024

Creating a parody of a copyrighted work, including songs like the Oompa Loompa song from "Willy Wonka & the Chocolate Factory," falls under a specific category of use that can be considered fair use under copyright law. Fair use allows for the use of copyrighted material without... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

James L. Arrasmith
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answered on Feb 25, 2024

As a lyricist looking to protect your work, it's essential to understand that copyright law is your primary shield. In the United States, the Copyright Office grants copyrights for original works of authorship, including lyrics. Once your lyrics are fixed in a tangible medium of expression,... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

Emmanuel Coffy
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answered on Feb 18, 2024

Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case,... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have a question regarding copyright infringement.

I own a set of original 35MM photograph slides, which I want to put into a book to self-publish and reproduce. Since I am not the original owner of these slides, do I have the right to fully use them to my advantage?

The slides I bought were from online auctions, which originated from... View More

James L. Arrasmith
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answered on Jan 12, 2024

Owning physical copies of photographs, such as 35mm slides, does not automatically grant you the copyright to these images. The copyright of a photograph typically belongs to the photographer who created it, or their heirs if the photographer has passed away. This copyright usually includes the... View More

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1 Answer | Asked in Intellectual Property and Copyright for New Jersey on
Q: Can a crafter claim copyright on items they created with mass produced, publicly available supplies?

I have online craft stores. A part of my inventory is jewelry, created with supplies that are mass produced and imported from overseas (lockets, charms, necklaces, etc). I often combine these items (ie: add a charm to the face of a locket) and add glow material to make it glow in the dark

I... View More

James L. Arrasmith
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answered on Dec 21, 2023

In New Jersey, as in other parts of the United States, copyright law can be complex, especially when it comes to craft items made from mass-produced components. Copyright protection does not extend to items made from commonly available supplies simply arranged or combined without significant... View More

2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Trademarking my business name.

I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More

Leonard R. Boyer
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answered on Dec 16, 2023

You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: What happens when a company owns a patent of product but goes bankruptcy, that patent will be remain active or dead?
James L. Arrasmith
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answered on Dec 14, 2023

When a company that owns a patent goes bankrupt, the fate of the patent depends on the bankruptcy proceedings and the decisions made by the bankruptcy court. The patent itself doesn't automatically become inactive or "dead" due to the bankruptcy.

In a bankruptcy case, the...
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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: copyright infringement / examiner oversight

I am sued for copyright infringement.

I requested, paid for, and received the original registration documents, the deposits, and the correspondence from the congress library about the specific copyright. It looks like the examiner made a mistake and oversight on his part (18 years ago),... View More

Emmanuel Coffy
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answered on Aug 22, 2023

Based on your description, you seem to be suggesting that there was a potential error made by the Copyright Office in registering a work that was previously indicated to be ineligible for copyright. Here are some general points to consider:

Validity of the Copyright: Copyright registrations...
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3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Is The rowdy mermaid already a trademark name for a store front
Leonard R. Boyer
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answered on Jul 29, 2023

On Monday, April 27, 2020, a trademark application was filed for ROWDY MERMAID with the United States Patent and Trademark Office. The USPTO has given the ROWDY MERMAID trademark a serial number of 88890277. The federal status of this trademark filing is REGISTERED as of Tuesday, June 22, 2021.... View More

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2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

David Aldrich
David Aldrich
answered on May 15, 2023

No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: Are the bluey images and text copyrighted?

I make cups with bluey images on them. Are bluey images copyrighted?

N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New Jersey on
Q: can I use Apollo for my brand
James L. Arrasmith
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answered on May 2, 2023

The use of "Apollo" as a brand name will depend on various factors, including the nature of your business and the goods or services you offer. It's possible that the term "Apollo" is already registered as a trademark by another company in your industry, in which case you... View More

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1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can you get hit with a copyright infringement for whats sent in a groupchat? What about what you show people in person?

I’m a YouTuber and I’m curious what is fair use and what isn’t.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to be hit with a copyright infringement claim for sharing copyrighted material in a group chat or showing it to people in person without permission. Fair use is a legal doctrine that allows for limited use of copyrighted material without the owner's permission for specific... View More

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Jersey on
Q: If my dogs name is Tater, can I bake a chicken and cheese treat named Tater’s Tots?
Leonard R. Boyer
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answered on Mar 25, 2023

NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: What are the first steps in filing for the copyright of an activity or event that will be on-going?

Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 13, 2023

It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.

The title format "the new ... revue" could...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: I'm creating a Trading Card Game. What patents in terms of card layout and battle mechanics do I have to look out for?
David Aldrich
David Aldrich
answered on Feb 14, 2023

This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Is this a complete list of patent applications for brass trumpet mouthpieces
Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 26, 2022

Your question did not contain the list. But even without seeing the list, I can warn you that some pending applications won't show up on a list. The default is that US applications are published 18 months after filing. So most applications filed within the last 18 months won't show... View More

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1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Q: Is using a word from a another company as my brand considered copyright

There is a skincare and tech company that use the word MERAKI and I’m planning to use the same word for my clothing brand. Is that considered copyright. I have a different logo though

Emmanuel Coffy
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answered on Jul 3, 2022

First, your issue falls under trademark rather than copyright. Second, why do you want to use a word associated with an existing company? You may be able to obtain a mark due to your logo, but it is not the best approach. You should strive to come-up with a unique name for your company and/or... View More

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