Get free answers to your Intellectual Property legal questions from lawyers in your area.
I registered a business named "Extreme Tire & Auto" in New York State, and another company in the same city registered "Xtreme Tire" in the same year. We offer similar services. The other business has formally threatened legal action, claiming I must change my business name.... View More 
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
1. Using Referenced Images for Commentary or Analysis
Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:
The inclusion transforms the original... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
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answered on Mar 28, 2025
Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More
I have altered the verses of a song while keeping the beat and chorus the same, and this change drastically alters the meaning of the song. The original song is copyrighted, and I don't have permission from the copyright holder, although I know who they are. I'm unsure if I want to... View More
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answered on Mar 28, 2025
Releasing a remixed song that uses the original beat and chorus without permission is risky from a copyright perspective. While you've changed the verses and altered the meaning, you're still using substantial portions of the original work that are protected by copyright law.
Your... View More
I want to sell embroidered iron-on patches inspired by designs from the TopGun movie in an online marketplace targeting the US market. The patches seem to be replicas of the movie designs, and I do not have permission or licensing from the TopGun trademark owners. I have not received any legal... View More
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answered on Mar 27, 2025
You would likely face significant legal issues selling TopGun-inspired patches without permission. Movie studios like Paramount Pictures own trademarks and copyrights for TopGun logos, emblems, and distinctive designs, and they actively protect these valuable intellectual property assets through... View More
I've purchased several Kindle ebooks, but I recently learned I own a license to read them rather than the books themselves. I want to transfer a few of these ebooks to my Kobo reader device, which is not Amazon-compatible, using Calibre and a plugin to remove DRM. Is it legal to remove DRM for... View More
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answered on Mar 23, 2025
The legal situation around removing DRM (Digital Rights Management) from ebooks varies by jurisdiction. In the United States, the Digital Millennium Copyright Act (DMCA) generally prohibits circumventing technological measures that control access to copyrighted works. However, the Library of... View More
I have a 1937 public domain press photograph taken from the top of the Empire State Building, showing a cityscape with the building's shadow extending across multiple city blocks. The shadow, occupying about 17% of the image, resembles the shape of the Empire State Building in the upper half.... View More
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answered on Mar 23, 2025
This question sits at an interesting intersection of trademark and public domain law. While the Empire State Building's distinctive appearance is trademarked by the Empire State Realty Trust, a shadow presents a unique case that hasn't been clearly established in trademark precedent. The... View More
I'm considering using the name "Vigilante" for a superhero character in my romance novel. The character has super strength, speed, and healing abilities but doesn't resemble the DC Comics character. I am based in England and plan to publish the novel internationally, including... View More
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answered on Mar 20, 2025
Using "Vigilante" for your superhero character might pose some trademark challenges, though the risk may be lower than using a more distinctive superhero name. The term "vigilante" is a common word describing someone who enforces justice outside the legal system, which typically... View More
I'm a non-performing songwriter who joined PPL UK as a recording rightsholder and appointed my publisher as my rightsholder representative because my publisher advised me to do so. Are there any legal and financial disadvantages to this arrangement, or will my publisher handle these issues?
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answered on Mar 20, 2025
Appointing your publisher as your rightsholder representative creates a relationship where they manage your PPL royalties on your behalf. While this arrangement offers convenience, it also means you're delegating control over an important revenue stream, potentially affecting how your rights... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:
1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More
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answered on Mar 3, 2025
You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More
I'm considering taking a replica of a CCM hockey glove from a Chinese site and rebranding it with my unique logo. I'm unsure if the original CCM design is patented or trademarked. The Chinese site has no agreements, and I plan to sell these rebranded gloves using the same design unless... View More
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answered on Mar 2, 2025
I'm a hockey dad, so your question is very interesting to me. There certainly are patents for hockey gloves, but whether any of those might cover the specific gloves you want to "private label" … really hard to say. Answering that question even tentatively would require a massive... View More
Can I sell a modified sports card if I have changed the uniform color, printed it on thick card stock, and ensured it can't be mistaken for the original? Everything else on the card is like the original, and I plan to sell it more than once, though not on a large scale, without having... View More
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answered on Feb 25, 2025
Creating and selling modified sports cards based on existing designs raises significant legal concerns. The changes you've described—altering uniform colors and using different card stock—likely don't provide enough transformation to avoid copyright infringement. Sports leagues,... View More
I am considering creating a collectible trading card series featuring NFL players in illustrated designs. I plan to remove logos and not use team names, referencing only the city where the team originates. The business intends to make a profit, and I may seek a license once financially feasible.... View More
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answered on Feb 22, 2025
Creating trading cards with NFL player likenesses - even without team logos - still requires proper licensing and permission from both the NFL Players Association (NFLPA) and the individual players, as they maintain rights to their names, images, and likenesses for commercial purposes.... View More
I know that we cannot make money from the actual fanfiction works themselves, but can we run ads during our podcast that discusses them? The ads would in no way relate to the fanfictions.
answered on Feb 4, 2025
Besides running unrelated ads to the fan fiction, which could be permissible, the issue is whether the podcast qualifies as fair use. Crucial factors are whether it transforms content through critical analysis, scholarly discussion, or a parody.
The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More
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answered on Jan 17, 2025
Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More
If I write a song and do not copyright it or publish it, then someone writes the same song or steals my song and copyrights it, can I still copyright my song and sue the person?
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answered on Dec 27, 2024
You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.
You can still try to register your song at the US... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More
answered on Dec 30, 2024
I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More
the Book i sell has a qrcode link to the ebook. the bonus content is advertized.
the bonus ebook is made by me, using other CC-BY-NC-SA contents.
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answered on Oct 23, 2024
Including a free downloadable bonus ebook in your sold book can be tricky due to licensing restrictions. Since the bonus ebook is under the CC-BY-NC-SA license, the non-commercial (NC) aspect means it shouldn’t be distributed as part of a commercial transaction. Linking the bonus to a purchase... View More
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