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Tennessee Copyright Questions & Answers
0 Answers | Asked in Copyright and Trademark for Tennessee on
Q: I have a homestead/community garden can I give it the name "Stranger Things Garden" nothing related to the show sold.

Wanting to name my garden Stranger Things Garden - will not be selling anything related to the tv show, only food/seeds/plant merch/etc.

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If I upload a song and don't register copyright within 90 days, can I get royalties if someone records it & makes money

I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.

Erik Špila
Erik Špila
answered on Oct 12, 2022

Basic answer would be Yes, you can, as the copyright arises upon creation of the work. However there are some pros of registration of copyright in the U.S. or other few countries. You should seek intellectual property attorney to get the most efficient option for your situation.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... Read more »

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

1 Answer | Asked in Business Formation, Copyright and Trademark for Tennessee on
Q: Can I use business name "Bath and Body Goods" or "Bath & Body Goods" without being sued by "Bath & Body Works"?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2021

Very likely you will get sued. Don't do it.

1 Answer | Asked in Copyright for Tennessee on
Q: Can I use pictures from 1960-1965 yearbooks in a memoir I am writing for publication?

There is no copyright information on these books, and no photographers are cited. The school still stands today, but not as a high school. Should I ask the current administrator(s) for permission to use these decades-old pictures?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

Copyright lasts for a long long time and it is automatically so those photos have an owner

1 Answer | Asked in Business Law, Copyright and Patents (Intellectual Property) for Tennessee on
Q: Have an e-commerce c2c idea. Is it possible to patent the “idea”? Think poshmark but for a niche not out there yet.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 30, 2021

Sorry, but you cannot patent a mere idea. You need to have an actual invention.

Once you do have the invention (see your patent attorney what the difference between an invention and a mere idea is), then you need to figure out how you are going to make money on it. That is the hard part.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: If "vols" is trademarked by UTK, as a word mark, is it legal for me to have that in a company name without UTKpermission

I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."

I would definitely suggest speaking with a trademark attorney to do...
Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: Hey. My name is Sincere. I see that this is no longer in use & I wanted to know if I can trademark my name for my brand.
Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

If your name is Sincere you will likely not be able to have it registered in either a state or with the Federal Trademark Office. Surnames are not protectable by Trademark. See a trademark attorney.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler
answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... Read more »

1 Answer | Asked in Copyright for Tennessee on
Q: Can I have a Business Name, LLC different from my Trademark Brand?

I want to be Legally Registered with my Business Name, LLC but my domain name and product Trademark to be a different name. Is this possible? Also, what legal issues do I need to worry about and any other added information would be amazing. Im selling clothes and the name is a little edgy and dont... Read more »

Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on Mar 23, 2020

I recommend you consult with a business attorney to discuss in greater detail. In general, you could register an LLC as a certain name and use another moniker to denote the business. This is fairly common practice, many businesses operate and trademark certain names while the LLC could be something... Read more »

1 Answer | Asked in Copyright for Tennessee on
Q: What do I need to do to have a disclaimer on a personal website? Does it need to be notarized?

I make items from wood and would like to put them on a website to sell. The thing I am unsure about is, some of the items are props designed after video games, tv shows, and/or movies. What would be required far as this goes?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

Depending on what you mean by disclaimer, I do not believe you need notarization.

But you should consult with an attorney on that.

Propos may be protected by copyright, and their branding by trademarks. SO I would be careful on making things that are an exact replica and be careful...
Read more »

1 Answer | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for Tennessee on
Q: Will Tennessee come get me in Dayton beach Florida if I have a warrant for probation violation
Timothy Denison
Timothy Denison
answered on Jun 9, 2019

If they find out where you are, most likely they will, yes.

2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on
Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 6, 2019

If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »

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1 Answer | Asked in Copyright for Tennessee on
Q: A lot of people call any side by side a RZR. If you Made a shirt that says, "let's go RZRing" would that be infringemen
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 1, 2019

What is a side by side?

If it is a very common, widely used term, it is probably not protectable, so anybody could use it.

It will also depend if you are filing for protection or just going to make the product without any registration.

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on
Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2018

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first...
Read more »

1 Answer | Asked in Copyright for Tennessee on
Q: can I buy decals from graphics printer on line then apply to corn hole boards for resale? Their logos of college,MLB,etc

One of the graphic printers says that as long as I don't market and sale them as license sports boards, I'm fine. They say they have copyright license. I only display them on Craigslist and Facebook.

John Espinosa
John Espinosa
answered on Jun 1, 2018

Selling online is still selling, and selling them with the decal on gives the appearance of being a licensed product when it is not. What you describe is using someone else's brand for commercial purposes without their permission. The printer may have the license to sell the decals, but that... Read more »

1 Answer | Asked in Copyright for Tennessee on
Q: copyright a song - to record the song on a cassette, mail it to yourself, make sure it's never opened or seal broken.

will this stand up in court if proof of ownership is ever challenged.

state: TN

Mark A. Baker
Mark A. Baker
answered on Mar 13, 2018

You have described a "poor man's copyright." It's worth about as much as the piece of paper it's written on, but not after you add postage. Under U.S. law, a copyright comes into existence the moment the original idea is "fixed in a tangible medium" - when you... Read more »

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Patent/Copywrite/Trademark Question... I need some clarification.

I am starting a craft business and I have been looking into the law relevant to that. I recently read a blog post about how a person had to take down their clip art listing from Etsy because it infringed on a patent. The clip art design was a green tractor with yellow wheels. She said that there... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jan 19, 2018

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy...
Read more »

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