If I sell bootleg ebooks on platforms like Etsy and Amazon that I have no legal rights of doing so,will I be facing any criminal charges from the government?
State NY
answered on Nov 29, 2022
You will likely be subject to a copyright infringement and/or counterfeit account ban and because you seem to have no licensing documents from the rights owners. Because you are apparently doing this knowingly, you will likely be permanently banned from these platforms without much of a chance of a... View More 
Am I infringing on copyright permission/issues?
answered on Nov 9, 2022
This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... View More
answered on Nov 4, 2022
If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... View More
Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... View More
answered on Sep 8, 2022
Dear Mrs or Mr,
in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need... View More
answered on Aug 29, 2022
It is unclear what you mean "using" the show. If you are doing a critique about the show or commenting about it, this could be considered fair use, and you would be free to write the book without doing much legal diligence. On the other hand, fair use requires more information and... View More
answered on Aug 29, 2022
As long as you are uploading materials that are entirely yours, this means, that all pictures, sounds, and recordings are your creation, then, you should be fine. However, if any of those materials are protected by copyright and owned by someone else, it could be copyright infringement.
Am I protected from having my new site's logo/idea/branding infringed upon?
The new name will be listed as a project of mine/my DBA on both websites.
answered on Aug 1, 2022
A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More
How do I create a lawsuit in the event of an infringement?
answered on Jun 21, 2022
I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... View More
Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... View More
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answered on Jun 18, 2022
The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)
If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar... View More
Hi, I received a email saying that one of the images I used on my blog was copyrighted and I have to pay 1400 to avoid legal action. But the email seems suspicious Am i obligated to pay? What legal action would I face if I ignored it ?
Here’s the email:
Please understand that as a... View More
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answered on Apr 5, 2022
These letters can be legit despite them sometimes looking like spam or a scam. You should have a photo infringement law firm look the letter over. Before we ever advise our clients to pay we like to look at the whole situation such as (1) who is sending the letter (2) do they have the legal... View More
answered on Apr 4, 2022
I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... View More
I am an independent contractor providing creative services to my client. In our agreement, I included a section in which my client represents that all of their creative materials I may be using, modifying, repurposing, etc., are the property of my client OR that my client has permission to use... View More
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answered on Mar 25, 2022
First you should bring to the client's attention that a dispute may exist regarding whether the materials from the former contractor are "works for hire", and ask whether the former contractor's engagement contained a written provision to that effect. Ask for a copy of that... View More
It would be used for a printing company name, not an automobile name. My assumption is it can't be copyrighted or reserved as a general word since it is a type of ship of war in common parlance. Thank you,
Tom
answered on Mar 26, 2022
Your question remains open under the Business Law/Formation categories. At this point, you could try reposting and adding the following categories - Trademarks, Copyrights, Intellectual Property. "Copyright" is in the main menu. You'll see "Trademarks" and... View More
Hi I’m intending on creating a book and other copyrightable works on fiverr. I would be the buyer but I want to make sure I have all the rights to the works I am buying. How do I do that? Especially on the copyright.gov website?
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answered on Mar 12, 2022
This is a very important question. You always want to make sure when you buy something on Fiverr that you own the exclusive rights to the intellectual property created, and that the creator retains no interest in any projects done on your behalf. I have used Fiverr quite a bit and I will say it... View More
it turns out he is not, am I liable? He comes from one of the largest freelance firms in US that list his credentials. I am in NYS
answered on Jan 20, 2022
It will depend on what you use his credentials for.
Consult with an attorney.
This would be to show brands that a service offerings works with, not product it sells.
answered on Dec 3, 2021
Are you doing the photography, or using someone else's photographs? If the latter, you will probably need permission from the photographer / owner of the photos.
If the former, there *may* be a copyright issue if the product being photographed is itself a graphic work, work of... View More
If an online seller got sued because of THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A with more than 700 sellers. In these kind of cases, what is the approximate cost of defending the case for an Individual seller. As we understand fee might differ from Lawyer to Lawyer,... View More
The publisher of this edition was shut down in 2018, and W.W. Norton only has the 5th edition, which is not available as an e-book that the students can obtain for free. Are there any legal issues in giving the students that file? I think the students were actually directed to that link anyways, so... View More
answered on Aug 18, 2021
Yes, it is infrigement.
Consult with an attorney
You may want to approach the publisher and ask for a license
Wanna use characters etc for different t shirt designs
answered on Aug 7, 2021
Your question remains open for a week. You chose good categories to post under. You could additionally add "Trademarks" as a category. There's no guarantee that every post here is picked up, but there might be improved chances of a response with that additional category included.... View More
I crerated melody and posted it on instagram under my name. How I can save information about it was posted? I think it can be hacked or deleted by other way. So I need fast decision. Thank you.
answered on Aug 14, 2021
The copyright attorneys here would have the best insight into your matter, but your question remains open for three weeks. The issue you're asking about might even be a non-intellectual property issue simply involving digital upload logs the public at large is familiar with. If the website to... View More
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