You cannot make any unauthorized substantially similar or identical reproduction of a written work protected by copyright. This general prohibition is subject to certain statutory limitations, including, the so-called "fair use doctrine." The nature and purpose of your use of that... View More

You have not provided sufficient information which would permit an intelligent response.

Hi Joe,

It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration.... View More

You need to ask this question of a New York lawyer, since you are in New York. Most California admitted attorneys are not licensed to practice law in New York and it would be improper of us to offer you legal advice in a location where we are not licensed to practice.

Many cases like this are not feasible. However, with more information, potential approaches could be evaluated. Many California attorneys, myself included, give free initial consultations.

Well you may not have issue of likelihood of confusion. But you may have issue that the mark is not a registerable term for the goods.

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More... View More

You probably can't charge users a monthly fee for using the app without the permission of the authors of the videos.

In general, you can either use the work under fair use or after requesting auhtorization from the authors. Given that you intend to make profit from the users, fair... View More

A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".

I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.

If you have any other... View More

If you mean images published before 1923, most likely you may. However, the question does not show what you have or whether there are additional facts that may have seemed unimportant to you.

If you mean images of the things that existed before 1923, that is a different question and... View More

To the extent that the question lays out facts, it appears that you created the images as part of your employment. There is a good chance that the employer owns the copyright in the images. You may wish to ask the employer if you can use the images along with an acknowledgement of the... View More

There are many legal issues: copyright, trade secrets, right of publicity, and contracts for openers. One very good tool is a consulting services agreement with each drum teacher. This will do a great deal to assure that you and the drum teacher both understand what rights you will and will not... View More

Just about the only reason it would not be considered copyright infringement is because it would appear to be trademark infringement. If there is a likelihood that you would create confusion as to the source of the goods, there is a likelihood that Samsung would be quite unhappy. It would not be... View More

**If you were to commission (pay) an artist to draw an imaginary character you made, who would hold the rights to it?

I assume the artist is not your employee in responding to this question. Absent an express written "work for hire" agreement, the artist would retain their... View More

Yes, this is possible.

From your description, it sounds like you want a work-for-hire contract for a graphic designer or photographer. An attorney specializing in intellectual property or copyright law will be able to assist you. Use the Find a Lawyer function on Justia or contact your... View More

I do not know if there is a best online service. It depends on your objective. If you want "cheap", you will find it. If you go to an attorney, you can get advice on strategy for best protecting your market An attorney can help make a selection for protecting combined word and design... View More

Patents are awarded for new, useful and non-obvious inventions. At the end of the patent, there are run-on sentences called claims. The attorney and the patent examiner work out an understanding of how many distinctions must be recited in the claims in order to merit award of a patent. To determine... View More

A trademark functions to identify the source of the goods. It is a brand name. A design of a t-shirt might not be a band name. The Trademark Manual of Examining Procedure states, "Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and,... View More

In the U.S., one acquires the underlying right to a particular trademark by actually using it in commerce on or in connection with the goods or services being sold under that mark. Neither federal nor state registration creates that senior right. So, assuming that you have had an experienced... View More

Trademarks are symbols or text that uniquely associated with the source of the goods or services. This is generally referred to as a brand name. If it is just a clever saying, it is not a trademark. A phrase can be a trademark, e.g., "I can't believe it's not butter," because it... View More