Get free answers to your Intellectual Property legal questions from lawyers in your area.
answered on Oct 22, 2020
Please consult an experienced IP attorney to full assess the particular rights of any company. A "FTO" or "Freedom to Operate" opinion is a very important and detailed analysis that should not be taken lightly. To get you started in the right direction, consult the Patent and... View More 
Could I potentially register the copyright and own it, despite what I signed? No copyright claim was ever filed for this book
answered on Oct 22, 2020
This is impossible to answer without seeing the contract. If the other party had an obligation to register the copyrights, then perhaps. But it's more likely you already assigned away your rights to the book. Please have an IP attorney read your contract.
I have social media page with almost a million followers. I make collages of people to show how they can change. There another page reuploading everything from my page and putting it on his without giving credit. I have the persons permission in each post to use their pictures. Since I created... View More
answered on Sep 28, 2020
A copyright attorney would have to assess your specific situation and facts to determine your rights and potential options.
Assuming for the sake of discussion that you own the copyright in the pictures/collages, in order to file a federal copyright infringement lawsuit to seek an... View More
answered on Jul 27, 2020
You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to... View More
answered on Sep 9, 2019
try USPTO, it may be hard to navigate. Try also google patents.
It may give you a decent idea. You may need to pay an expert who knows how to navigate deeper the patent databases.
answered on May 4, 2019
It isn't clear what the question is, but if you're wondering what you should do as a result of experiencing back pain after an accident, a first step could be to contact an accident attorney in North Carolina. Many give free initial consultations. Based on how the accident took place and... View More
I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be... View More
answered on Sep 28, 2018
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long... View More
My photograph will only be viewed by the illustrator so they are able to create their own artwork based off the image and then sell their artwork, so I'm not sure if I would charge a licensing fee (and how to go about configuring that) or charge royalty fees. I'm having trouble... View More
answered on Mar 27, 2018
As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your... View More
answered on Feb 22, 2018
Step 1 -- A person can sue for damages for infringement that are within the last six years before the suit was followed (unless some other special rule applies). See https://www.law.cornell.edu/uscode/text/35/286
Step 2 -- US Patent No 5,116,098 expired for failure to pay maintenance fees... View More
We are located in NC.
The name has already been registered and brand developed.
Will a trademark on the name, owned by myself or the LLC protect the LLC name?
Can each member give up the rights to take their name in the operating agreement?
answered on Sep 20, 2017
While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to... View More
answered on Sep 4, 2017
I assume you're asking about LLC naming conventions, because that is the most common type of corporate entity formed to hold real estate for investment purposes. Many real estate investors form LLCs for each property and name the LLC after the street address of the property. For example:... View More
I'm writing software that's named something similar to, but different from, "Jiffy" (the popcorn). I'd like to use an cartoon version of popcorn popping in a tin bubble for a stylistic effect as a logo. The software has nothing to do with food (popcorn or otherwise).... View More
answered on Aug 10, 2017
The key question is: will this cause consumer confusion?
This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in... View More
I was purchasing bats from a authorized retailer and then providing them to kids who may not have been able to afford them. Sometimes for free and sometimes for a reduced cost. Never did I make a profit or was I trying to. Now the manufacturer has denied me from purchasing any products they sell.... View More
answered on Jul 5, 2017
Probably, yes, as long as the manufacturer is not doing it on the basis of discrimination (i.e. if you are what is called a protected class). Maybe try using a third party intermediary to purchase the bats for you (such as a lawyer, who may be able to structure the deal to protect your identity as... View More
I live in NC, the website is maintained in FL. A falling out led to removal of work. I want to ensure copyright to my own writing and prevent further use of it on the site in the future, but do not know if I have ownership of copyright due to the nature of the "publishing"/posting on the... View More
answered on Apr 20, 2017
Works are copyrighted to producer of the work. So in this case, the removed work is still under your copyright. However, one has to look for two issues which might have transferred the copyright. If you perform a "work-for-hire" for a company, another person, etc. then although you... View More
My mother is trying to look up all my messages with a co worker
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2017
You question makes no sense - the Court does not do what you are asking about. Are you saying your mother has subpoenaed your your cell phone records as part of a current court action and you are wondering how long it will take for her to receive them? If so - assuming the cell phone company... View More
answered on Feb 9, 2017
The process to trademark a name or logo, as well as other informational resources, can be found at: https://www.uspto.gov/trademark
Hello,
My question is Products like Mary Kay, Shaklee, Amway, etc.. these products are sold by consultants, but many sell online. I do sell some online, not many, just enough for some extra money since my wife lost her job.
I received an email from one of those companies stating... View More
answered on Jul 1, 2016
Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very... View More
It looks like there is a trademark pending for "DAB ON 'EM".
answered on Jan 19, 2016
You are right. DAB ON 'EM is a pending application for use in clothing. It has also been used in many other ways. Therefore, it is possible to commit an infringement if you use it on a t-shirt.
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.
