Get free answers to your Intellectual Property legal questions from lawyers in your area.
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

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?

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.

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

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

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

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?

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?

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

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.

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

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?

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
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