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Texas Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Our website is copied by somone and we want to take legal action. Our llc is registed in Wyoming

The company who copied our website is registered in Georgia

James L. Arrasmith
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answered on Dec 4, 2023

In cases of copyright infringement, such as someone copying your website, the first step is to document the infringement thoroughly. This means taking screenshots or saving copies of the infringing website, and noting any direct similarities to your own site.

Next, consider sending a cease...
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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright:I recorded 1 min of UFC fight on iphone & uploaded it to YouTube. Indonesian Broadcast took it down. Not UFC

Indonesian Broadcaster MOLATV gave me a copyright Strike on my channel. The UFC itself did not. Do they have the right to do that? Would me filing a dispute work? I see tons of that content on YouTube and nothing happened to other people. Do you think it’s just a scare tactic?

James L. Arrasmith
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answered on Nov 12, 2023

In copyright matters, broadcasters like MOLATV may have rights to content, such as a UFC fight, in certain regions. If MOLATV holds the broadcasting rights for the UFC content in Indonesia, they may enforce copyright claims on platforms like YouTube.

The fact that UFC itself did not issue...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
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answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I name a book after my blog, Waxing Poetic, even though a jewelry company has trademarked the common phrase?

I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More

James L. Arrasmith
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answered on Nov 8, 2023

Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

James L. Arrasmith
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answered on Nov 8, 2023

Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
David Aldrich
David Aldrich
answered on Nov 3, 2023

There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More

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2 Answers | Asked in Communications Law, Internet Law, Copyright and Intellectual Property for Texas on
Q: Can I read a book on social media such as YouTube or Twitch if I am receiving any revenue from that social media?

If I can not read a copy righted work in whole can I read exserts from it as part of a book review or discussion group?

Dominique M. Williams
Dominique M. Williams
answered on Nov 3, 2023

I would caution against reading the book, or portions thereof, aloud publicly on a platform where you are receiving revenue. Under copyright law, a copyright owner is given sole and exclusive rights to reproduce the work, create derivative works, perform the work, display the work, or to authorize... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Besides the IP itself; What do I need to sell an IP to a broadcasting company?

I'm planning to create an IP of and episodic TV show and am planning on giving the company full creative control, apart from a creation credit, if possible. However, I'm not entirely sure what I need, besides the IP of course.

James L. Arrasmith
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answered on Oct 26, 2023

To sell an IP to a broadcasting company, beyond the intellectual property rights, you should have a well-structured pitch or presentation that outlines the concept, target audience, and potential value of the TV show. A clear and compelling pilot script or episode outline can significantly enhance... View More

3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 12, 2023

If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 28, 2023

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

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1 Answer | Asked in Intellectual Property, Trademark and Copyright for Texas on
Q: I have a question regarding using a font that is used for a TV show (lets say StarTrek as an example)

If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More

James L. Arrasmith
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answered on Sep 4, 2023

Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More

1 Answer | Asked in Copyright, Business Formation, Trademark and Intellectual Property for Texas on
Q: Hi! I have a question about trademarks for clothing brands and similar ideas that other people have now started

I started working on my brand Ghosted in July, I used Canva fonts and everything for the logo and worked long and hard and got samples and on 8/25 I ordered my first order of 360 units. I own the LLC Ghosted, have the trademark filed for Ghosted for apparel, and this morning I also filed a... View More

James L. Arrasmith
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answered on Sep 11, 2023

Given your description, it appears you have taken significant steps to legally protect your brand, including forming an LLC and filing for trademark protections for both your brand name and logo. In trademark law, the key issue often revolves around who used the mark first in commerce; since you... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: was this device patented publication number 20170325789

tissue contiener for pap smear surePath

Stephen E. Zweig
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answered on Aug 13, 2023

The status of a printed patent application like this can be checked online. This can be done either at the US patent office, https://patentcenter.uspto.gov/, or using alternate sources such as patents.google.com.

In this case, the answer is that the patent application was abandoned.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
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Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

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2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: I need to know how to contact someone who has a trademarked phrase so that I can seek permission to use. Help
James L. Arrasmith
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answered on Aug 6, 2023

To seek permission to use a trademarked phrase, you should try to identify the owner of the trademark and contact them directly. You can search the United States Patent and Trademark Office (USPTO) database or other relevant sources to find the trademark owner's contact information. If you are... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

James L. Arrasmith
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answered on Aug 6, 2023

Animating or cartoonifying the artwork may not be sufficient to avoid copyright infringement. If you cannot reach the artist for permission, consider seeking legal advice on alternative ways to create a unique logo that does not infringe upon someone else's intellectual property.

James...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is original art protected by copyright?

I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.

James L. Arrasmith
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answered on Jul 28, 2023

Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it... View More

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1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: If I wanted to create a brand with the trademark 'Distinct Routes'?

If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the... View More

James L. Arrasmith
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answered on Jul 28, 2023

If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be... View More

1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: Who can I call to investigate my case about my rights to my late husband royalities until I can get a lawyer.

I got an email about a fiduciary that contacted

me that the company may have given my sister in law my late husbands assets. Should I contact IRS if so which department? Thanks,

James L. Arrasmith
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answered on Jul 10, 2023

If you have concerns about your late husband's royalties and the potential mishandling of his assets, it's recommended to consult with an attorney specializing in estate or probate law. They can guide you through the legal process and protect your rights. While the IRS may not directly... View More

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