Get free answers to your Copyright legal questions from lawyers in your area.
My mother started this church dance group about 10 years ago and recently wanted to get either copyright or trademark protection for the name. Can she actually get a trademark for the name even though she has not formed a separate entity for the dance group?
answered on Jan 29, 2018
You do not need to have an entity to own a trademark. As long as the name otherwise qualifies for trademark registration, she can own the trademark personally. There is not enough information here to determine if the name would qualify for a trademark registration.
answered on Dec 26, 2017
No, because you are not the author of the work. You cannot escape copyright law by registering someone else's work in another county.
they blocked me apparently. what are my chances of taking it over and actually using it for my music?
answered on Dec 2, 2017
You can usually almost always use your name if it is your own name.
Since I filed Default and it was entered by court clerk first should the defendant not file any other response ?
answered on Nov 27, 2017
You say you "filed Default" so I assume you are the plaintiff in this case. If, instead, a default judgment has been entered against you, you should contact a lawyer in the state the judgment was entered immediately to determine your options.
Generally, obtaining a default... View More 
I sell Long Island Wine Tours, a competitor claims they "OWN" the trademark:
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:91vdmw.6.1
And it is registered. They are demanding that i remove all mentions of "Long island wine tour" from my website... View More
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answered on Oct 10, 2017
The disclaimer on the USPTO for their Trademark states:
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN
So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours"... View More
I am launching an electronics repair store in a new state. They use the name iFix. Mine is iFix (With two other words). Would this be infringing?
answered on Sep 13, 2017
The answer turns on confusion in the marketplace. If the Secretary of State lets you do business under that name, it is probably fine as a matter of trademark.
can I quote her verbatum and use a picture of her on said talk show in my company's sales catalog?
answered on Sep 11, 2017
You may quote her so long as it is not done in such a manner that implies celebrity's endorsement of your goods/services. You will need celebrity's permission to use her/his name and likeness in your catalog. You may also need permission from the talk show's owner to use the image... View More
answered on Sep 2, 2017
The phrase "intent to use" describes one kind of application a person can make to the United States Patent and Trademark Office to register a trademark. It means that you "intend" to use the mark in the future but as of now your use does not meet all of the requirements to prove... View More
My partners and I have been following an abandoned trademark. When we were ready to take action, we found out another entity has submitted an initial application for said trademark. Can we still put in an application for this trademark? Does the fact of having created merchandise, logos, and... View More
answered on Aug 21, 2017
When it comes to rights to use a particular trademark in conjunction with particular goods and/or services, the most important issue is the date that a party first used the mark in commerce in conjunction with the offering of those goods/services. Thus, the first to use the mark in commerce wins... View More
I'm planning on launching a new product line and have a design for a bottle I'd like to put in production but would first like to know if the design already has a patent with the US gov't.
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answered on Aug 18, 2017
The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"
Please feel free to contact my office if you would like a free consultation.
Aubrey C. Galloway III Esq
Law Office of Aubrey C.... View More
The First Sale Doctrine
The unauthorized use of another’s trademark is also permitted under the “first sale” doctrine. Under this doctrine a business that resells genuine, non-adulterated goods bearing a true mark cannot be held liable for trademark infringement, even if the... View More
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answered on Aug 9, 2017
Not unless you get permission. That's potentially trade dress infringement.
WMAP RADIO - Trademark Details
Status: 641 - Non-Final Action - Mailed
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answered on Jul 31, 2017
It means your application was defective / rejected for some reason that they will inform you of via mail. You can correct the defects or whatever other issues they had and work with the examining attorney to hopefully get a mark published to the register. I'd be happy to assist if you like... View More
I know someone with the name sweetees that is running a tshirt business. I wanted to know if this is legal.
answered on Jul 25, 2017
You may face a challenge for IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
answered on Jul 26, 2017
Check the Terms of Use of the software or service you're using. You can contact them as well re: commercial use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about... View More
I'm a teacher, looking to sell a product I created on Teachers Pay Teachers. I want to make sure it is legal to sell a product based on a published curriculum. How much of the curriculum can I use? Does referencing the curriculum protect me?
answered on Jul 26, 2017
If you're using copyrighted work, you may need a license to use substantial parts of it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More
I have a blog and would like to have my subscribers do an episode by episode workout based on what the characters say, but would publishing that be copyright infringement of the tv series?
answered on Jul 3, 2017
That sounds like infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
I received the answer to my question so thank you.
answered on Jun 27, 2017
You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
Taking a live image from Google and making it look like a painting or cartoon to put on the bottom of a skateboard that I am distributing.
answered on Jun 19, 2017
"A 'derivative work' is work based upon one or more preexisting works. . . in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of... View More
is a video script considered a tangible medium in order to protect the idea?
answered on Jun 14, 2017
The U.S. Copyright Act of 1976, provides that an original work of authorship automatically has statutory copyright from the moment it is created and fixed in a tangible medium of more than transitory duration. Copyright does not protect ideas, only the actual expression of the idea fixed in a... View More
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