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North Carolina Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for North Carolina on
Q: Hi, is a co signer able to withhold the car from you the co borrower even if both names are on the car title?

My mother co signed a car with me. I have been the primary driver of the car including primary payer of the car. Both our names are on the car title. But she has threatened to sell the car and has been withholding the car from me. I currently do not know where the car is, I have tried to be civil... View More

James L. Arrasmith
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answered on Sep 8, 2024

If both you and your mother are listed on the car title, you both have legal ownership of the vehicle. This means that neither you nor your mother can sell or withhold the car from the other without consent. Since you are the primary driver and payer, you have a strong argument for possession, but... View More

1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Intellectual Property for North Carolina on
Q: Employee took pic(lots) and proceeded to apply filters (didn't know) I want data wiped the company isn't cooperating.

I asked for initial photo and the employee took 41 found out the next day when I demanded they send them. Did not request or consent to photo being uploaded to site for filters or lots of pictures to be taken. The company states they deleted the photos but data still exists of course. And violating... View More

James L. Arrasmith
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answered on Sep 5, 2024

It's frustrating to feel that your privacy has been violated, especially when you didn’t consent to photos being taken or manipulated. The situation you described involves both privacy and potential data protection concerns, particularly if the company or employee used your images without... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: The church copyright exemption for music public performance includes Sunday school?

I'm a Sunday Bible school teacher for children at my church, and I sing songs with them during our class. Is that legal?

If I start playing the guitar with these songs, would it still be legal? Everything is done in our church kid's classroom

James L. Arrasmith
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answered on Aug 30, 2024

Yes, you can legally sing songs with the children in your Sunday school class under the church copyright exemption. The exemption generally covers performances of music as part of a religious service, and Sunday school can be considered part of the church's educational and religious... View More

2 Answers | Asked in Copyright and Intellectual Property for North Carolina on
Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

Greetings all, would desperately love to hear your expert opinions.

I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.

I purchased the original artwork from the original owners who had this commissioned as... View More

James L. Arrasmith
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answered on Jun 27, 2024

To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:

1. Copyright duration:

In the United States, for works created before...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: I see that the name Sincity deciples has been abandon. What would need to be done to reclaim it.
James L. Arrasmith
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answered on Jun 14, 2024

Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More

1 Answer | Asked in Contracts, Copyright and Intellectual Property for North Carolina on
Q: Can someone seek revenue share for sales of products for which they never signed an agreement?

Signed deal for 1 product and now asking for revenue share from everything else that was developed later on but no agreement / amendment was signed?

James L. Arrasmith
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answered on May 18, 2024

In general, a person or company cannot claim revenue share for products they did not have a signed agreement for. If they only signed an agreement related to one specific product, that would typically not entitle them to revenue from other products developed later unless those subsequent products... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Material Substitute in terms of usage for copyrighted values

I made a website that uses free copyrighted values. The owner claims that my site acts as a material substitute for their site and demands I remove all references and usage of their values. I don't know if there's anything I can do in this situation besides comply.

James L. Arrasmith
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answered on Mar 1, 2024

In this situation, it's important to carefully review the claims made by the owner of the copyrighted values and assess whether your website does indeed act as a material substitute for their site. Consider the extent to which your website relies on or replicates the copyrighted values, and... View More

2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available
James L. Arrasmith
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answered on Feb 28, 2024

Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:

- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and...
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1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: We are starting an online business and plan to make clothing with it. We are curious what we need to trademark

We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?

James L. Arrasmith
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answered on Feb 25, 2024

Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More

1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: Can I put anime stickers from a photo editing application on pictures meant for onlyfans?

I'd like to post content to Onlyfans and add stickers from a photo editing application that are characters from anime shows.

James L. Arrasmith
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answered on Dec 1, 2023

Using anime stickers from a photo editing application on pictures you intend to post on Onlyfans can raise copyright issues, particularly if the characters are copyrighted material. Copyright laws protect the creators' rights to their works, including anime characters, and using these... View More

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for North Carolina on
Q: How do I know if the kayak I am purchasing from another country is not patented here in the USA?
Randall Bateman
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Randall Bateman
answered on Nov 6, 2023

If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More

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2 Answers | Asked in Civil Litigation, Intellectual Property and Business Law for North Carolina on
Q: I am wondering about the viability of an idea I've had for a platform to crowdfund litigation.

The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More

James L. Arrasmith
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answered on Aug 29, 2023

Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for North Carolina on
Q: I need a patent attorney familiar with gun holsters, in particular pocket holsters, who wouldn't have a conflict.
James L. Arrasmith
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answered on Aug 5, 2023

I understand the importance of finding the right patent attorney for your specific needs related to gun holsters, particularly pocket holsters. While I cannot directly connect you to an attorney without a conflict, I recommend contacting your local or state bar association. They usually have a... View More

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2 Answers | Asked in Business Law, Contracts and Intellectual Property for North Carolina on
Q: I recently obtained the rights to two characters and wish to stop their current use by an organization

A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.

Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More

James L. Arrasmith
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answered on Jul 28, 2023

Given that you have obtained the rights to the characters from the artist, you have the legal authority to negotiate with the convention regarding the use of these characters on their materials and merchandise. If the convention refuses to cooperate, you may explore legal options, such as sending a... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for North Carolina on
Q: How can I know for sure if patents were my dad's and not someone with the same name?

I believe that my father invented things for the government and or contractors. How can I know for sure if it is him and not someone with the same name?

James L. Arrasmith
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answered on Jul 10, 2023

To determine if your father is the inventor of certain patents, you can take several steps. Start by gathering information about your father's work history and any potential inventions he may have been involved in. Check if he had any affiliations with government agencies or contractors. Next,... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

N'kia (NLN)
N'kia (NLN)
answered on May 17, 2023

It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... View More

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1 Answer | Asked in Copyright and Intellectual Property for North Carolina on
Q: My daughter is a paid hair model. Amazon and Temu sellers use her photos frequently. She has filed reports. Can she sue?

Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.

N'kia (NLN)
N'kia (NLN)
answered on May 9, 2023

Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... View More

2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: If someone has a tagline trademarked, can it be used by another business?
N'kia (NLN)
N'kia (NLN)
answered on Mar 23, 2023

It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it... View More

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1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: what does it mean under status710-canceled?does this mean name is now avail??under trade mark listing
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 30, 2023

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for North Carolina on
Q: can artwork or typography be done with the word trademark on reduce reuse and recycle.
Benjamin Charles Korray
Benjamin Charles Korray
answered on Oct 27, 2022

Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.

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