The title of a song is not something that can have copyright protection, in and of itself. It is too short.

You should perform trademark searches, however, both state and federal, to make sure no one else is using the same or a similar phrase as a trademark for cosmetics.

This can be complicated.

In theory they can serve you and you should answer the lawsuit.

You could claim no jurisdiction if you live and work and the infringement happened as result of your actions in Germany.

Talk to an American attorney to understand your options better.... View More

does a similar product already have a trademark?

if that is true then you would be infringing.

Try to come up with your own trademark.

If the product is generic, you should be able to slap your brand on it and sell away

Questions of infringement are not straight forward (only patent infringement is addressed in this answer). One needs to research if there is something to infringe, such as a utility patent or a design patent. Then there needs to be a determination of infringement.

There is possible... View More

Questions related to comparing trademarks and determination of a viable registration are very fact specific. Therefore a full analysis is needed. Although in general, registration of a new mark is not allowed if there is “likelihood of confusion.”

“The USPTO determines that a... View More

If that's the case, then make a claim through the class action claim's administrator. There should be a web site where you can do that.

From your description as to what you want to do, it sounds like you would be creating a derivative work based on the copyright protected work. To do so without being liable for infringement, you would need a license from whomever now owns the rights in Mr. Campbell's works. That is not to... View More

Probably not, HOWEVER, it would be necessary to know more about the site.

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A... View More

Best to read the Terms of Use for each source of the clip art to see what are approved licensed uses. Your activity may be approved, but you would want to copy out and keep such authorization materials. Also, under the defense of "fair use" against copyright infringement, if what you... View More

My understanding is that California has strong laws that protect the Right of Publicity (right to exploit one's fame for famous people) and Right to Privacy. It would be good to get advise from a California attorney familiar with these 2 torts. The laws may allow you to collect... View More

It sounds like a question of whether the organization is violating your right of privacy. Check to see whether you were given notice of their intention before you attended the event so that it could be said you consented to their use by participating in the event. Look closely at the invitation... View More

As usual with so much in the law, the answer is, "It depends." A trademark owner acquires rights in their mark, whether for goods or service, by using it in ways that convey to consumers that there is a particular source offering the goods/services. From what you write, it is not clear... View More

If the speech or poetry does not belong to you, then you will need to obtain permission/license from the copyright owner in order to incorporate this intellectual property into your soundtrack.

The answer to your question is "no." The exclusive rights in copyright last the life of the author (creator of the work) plus 70 years, and in the case of a company the rights last 95 years from publication.

No

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answered on May 1, 2020

It depends on how the tweet was used, but more than likely, there is no recourse for damages.

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answered on Apr 21, 2020

Keep in mind that "fair use" is a defense to infringement. And yes, you're correct that Disney is very litigious, but reviews and commentary are protected under the statute.

Yes

You do

unless there is an agreement that you gave him your rights, you still have them

What exactly are you doing for him?

Depending on what your underlying agreement with them said and how much advantage they actually took, like staff members, mailing lists, etc., you may have some leverage to go after them. Seems like this summer that's not gonna happen anyhow, so, in a way, this break is a blessing for you in... View More