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Alabama Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I use a portion of the GameBoy startup sound in my own song?

Im a musician and I'm writing a song about nostalgia. The Nintendo GameBoy was a huge nostalgia factor for me. The GameBoy startup sound is just one extended chord followed by an individual note. Could I possibly get sued by Nintendo if I put the chord from the startup sound into my song?

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Dec 29, 2022

The issue of copyright infringement is one that has been debated for decades, and while most people are aware that they can be sued for illegally downloading music, many are unaware that they can also be sued for using a short note, or sound clip, from a song. This is because even though the clip... Read more »

1 Answer | Asked in Small Claims, Civil Litigation and Intellectual Property for Alabama on
Q: I bought a truck from someone. I found out he pawned title in 2016, I paid debt to get title

He is saying the bill of sale means nothing . I paid 1300 cash for truck 500 debt to creditors for title now he saying I owed him 2000 more and he going to go get truck

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 18, 2020

The bill of sale does mean something. If you paid him 1800 and have a bill of sale and he refuses to give you the truck you can have him arrested for theft by deception 1st degree, in addition to suing him civilly. Good luck!

1 Answer | Asked in Intellectual Property for Alabama on
Q: Is this Infringement

I own the registered trademark "God's Country" for use on goods and services/clothing. Is it infringement if someone uses "This is God's Country" on a thsirt.?

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 14, 2020

Yes, possibly. But there are multiple factors that a court must weigh to determine trademark infringement.

The two main factors are the mark itself and its underlying goods/services. In your example, "God's Country" is the "dominant" or key phrase, which is...
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Q: As a developer, does my employer own rights to my side projects that I work on in my own time and on my own hardware?

In my employer’s employment agreement:

“As between Company and myself, I agree that all right, title, and interest in and to any and all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived,... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 1, 2019

That is what they are asking for. You would need to consult with an employment attorney in your state to see if this would be enforceable under local law.

This is an overreach by the company. Normally, they limit this sort of agreement to inventions or software related to their line of...
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1 Answer | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally sell a resource to accompany a novel study on an online store and refer to the actual title of the book?

I have created a lesson to accompany a novel to sell commercially to other teachers. Most book titles are not trademarked, but the novel title I created the lessons to accompany is listed as "trademarked". In the product, I refer to the title of the book multiple times and the activity... Read more »

Mark A. Baker
Mark A. Baker
answered on Jan 11, 2018

I'm not sure I understand your question. Please explain a little more. Thanks,

Mark A. Baker

1 Answer | Asked in Intellectual Property for Alabama on
Q: Approx legal fees for intl. trademark application for an alcoholic spirit and non-alcoholic beverage?
Griffin Klema
Griffin Klema
answered on Sep 17, 2017

There is no such thing as an "international" trademark. Each country has its own trademark laws, but you can proceed under the Madrid Protocol to ensure that you are able to protect your trademark rights in various countries.

If you were going to pursue protection in all...
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1 Answer | Asked in Intellectual Property for Alabama on
Q: What are Alabama state laws on copyright infringement?
William E. Scully Jr.
William E. Scully Jr.
answered on May 20, 2014

Copyright law is governed by federal law, the Copyright Act of 1976. It is not controlled by state law, although sometimes the rights of the owner can be enforced in state court. A person who creates a work, let's say a book or a play, owns the rights to that work. Others are prohibited... Read more »

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