Get free answers to your Intellectual Property legal questions from lawyers in your area.
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
Hello.
We have a neighbor, who used to watch TV on max volume every day 24/7 for years. Recently, about month ago his mental health changed and he started to break things.( TV included) because we don’t hear TV anymore but he started to hit walls with something that sounds like hammer... 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024
Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
answered on Oct 1, 2024
"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More
Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2024
Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to... View More
Hello,
I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2024
Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More
my company sells body soaps with seamoss. and the other company sells raw seamoss.
answered on Sep 10, 2024
Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:
1. Name Used as a Trademark
When a name is used as a trademark, it is intended to identify and distinguish the goods... View More
I want to patent a new type of musical system. How much is the cost for a lawyer to help with patent search and filling fee?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024
To patent a new type of music system for learning, you would likely need a utility patent. This type of patent covers new and useful inventions or discoveries. It protects the way the system works and its functionality.
The cost of hiring a patent attorney can vary widely. For a patent... View More
answered on Jul 25, 2024
Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:
Right of Publicity:
Public figures like former presidents have a right of publicity,... View More
The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More
answered on Jul 25, 2024
Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:
Right of Publicity:
In... View More
If not, can I use a hand-drawn silhouette of his face?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024
There are a few potential copyright and trademark issues to consider here:
The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.
A... View More
Hello. Thank you for your time. I want to make a puzzle with New York on it. This map will consist of a large number of objects and landscape elements, and will also include famous architectural structures, such as: Empire State Building, Chrysler building, One World Trade Center, Rockefeller... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024
Creating a 3D map of New York City that includes famous architectural structures may potentially raise some intellectual property concerns, especially if the buildings are depicted in a realistic manner. However, the specific implications would depend on various factors and the laws of the... View More
Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Image for trademark with serial number 85047118
Serial Number85047118
Status602 - Abandoned-Failure To Respond Or Late Response
Status Date2011-04-06
Filing Date2010-05-25... View More
answered on Apr 5, 2024
Good afternoon,
It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a... View More
How can this person legally claim to have invented Pickleball? Is there a money involved in this? It’s like if I, an American, claim to invent rice.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024
In general, for someone to claim a patent on a concept, the idea must be new, non-obvious, and useful. If a game has been widely played and known for a long time, it's unlikely that someone could successfully patent the game itself, as it would not meet the criteria for novelty. Patenting... View More
i filed to trademark my name but it was abandonded to an open action? im not sure
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024
If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More
I have an idea for a new application of an existing product. Moreover, I found 2-3 existing patents that are similar concepts but different applications.
Would I be able to get any type of patent?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024
For a product to qualify for a utility patent, it must be novel, non-obvious, and useful. This means your idea must be significantly different from any existing products or patents, offer a new way of doing something, or provide a new technical solution to a problem. The presence of similar... View More
I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More
Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
