Get free answers to your Intellectual Property legal questions from lawyers in your area.
I have an idea for a novelty in dentistry, researched it, and built a proposal, but I am afraid to present it to anyone because I could lose the rights of my idea. What do you think I should do? Thank you.
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answered on Oct 22, 2024
You can file a patent application, or a provisional patent application, to start the process of protecting your idea with a patent. Some ideas might be possible to protect as a trade secret, for example if you knew of a particular way to do a dental operation then you might teach people how to do... View More 
I own a music catalogue and want to make "music nfts" and sell them via Open Sea"? They would be sold only as collectibles with no promise of upside. Would the SEC look at them as securities?
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answered on Oct 11, 2024
If you're selling music NFTs as collectibles without any promises of profit or financial returns, the SEC is less likely to classify them as securities. The key factor is whether buyers are investing with the expectation of earning something in return. Since your NFTs are purely for collecting... View More
Two main questions.
1) Is it legal to sell the website in case someone makes an offer?
2) Can the website be monetized? Like through subscriptions or donations. Possibly setting it up as a company of some sort
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answered on Sep 30, 2024
If you are an F1 student in the U.S., you need to be cautious about engaging in any kind of employment, including monetizing a website. Selling a website is considered a transaction, and since F1 students are limited to certain types of work (like on-campus jobs or approved internships), selling a... View More
For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?
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answered on Aug 9, 2024
NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More
I have a client request a graphic consisting of 3 existing elements of other sports teams logos.
Is there a way for me to send you the image so you can take a quick look at it and give an opinion on if it is or isn't infringing?
1. New York Knicks logo but using different font... View More
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answered on Jul 18, 2024
When creating a graphic using elements from existing sports team logos, you need to be careful about copyright and trademark infringement. Using parts of the New York Knicks logo, the Villanova Wildcats letter V, and the Wildcats mascot, even with modifications, could still pose legal risks. These... View More
Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.
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answered on May 1, 2024
Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should... View More
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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
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
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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
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
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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
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
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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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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... View More
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
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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... View More
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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
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!
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
I make cups with bluey images on them. Are bluey images copyrighted?
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
I’m a YouTuber and I’m curious what is fair use and what isn’t.
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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
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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
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?
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... View More
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
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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