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I am aware that the Felix the Cat theatrical shorts are in public domain, but the character is trademarked by Dreamworks. Because of this, what should I do to avoid trademark infringement if I want to create a derivative work based off the original shorts?
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answered on Dec 7, 2024
When creating derivative works based on Felix the Cat's public domain shorts, you'll need to be very careful to differentiate your creation from the trademarked properties owned by DreamWorks. Focus on using only elements directly from the pre-1923 shorts, and make clear visual and... View More 
I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More
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answered on Sep 11, 2024
If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More
I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More
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answered on Feb 21, 2024
Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More
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answered on Nov 28, 2023
Yes, developing a dating app based on the concept of the "Love is Blind" Netflix show would likely raise copyright concerns:
- The core idea of singles dating and getting engaged without ever seeing each other in person is an original concept created for the show. Replicating this... View More
answered on Sep 20, 2023
Once you produced the script in written form, you acquired copyright protection. Whether you have a case for copyright infringement will depend on a number of factors, including the similarity of the two works. You should consult a qualified copyright attorney with the details of your case.
What steps do I need to take?
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answered on Sep 11, 2023
Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More
answered on May 8, 2023
The most famous golf courses have registered their names as trademarks, and sell golf balls with the trademark on them. If anyone else sells golf balls with the registered mark, it is trademark infringement.
I would like to reboot Inspector Gadget to continue the cartoon series on Netflix & a few other TV stations as a passion project.
I would also like to know where I would like to buy the copyrights to own the series.
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answered on Mar 29, 2023
The cost to acquire the copyright for Inspector Gadget will depend on various factors such as the current owner, the terms of the acquisition, and negotiations between parties. It is recommended to consult with a qualified intellectual property attorney or agent who can assist in identifying the... View More
Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.
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answered on Feb 25, 2023
Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.
Using team names from the NHL, a list of movies in the... View More
I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.
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answered on Feb 25, 2023
It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More
I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.
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.
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... View More
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.
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?
answered on Aug 3, 2021
Copyright lasts for a long long time and it is automatically so those photos have an owner
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.
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... View More
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
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.
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... View More
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.
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... View More
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.
Photoshopped or free and drawn.
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... View More
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