Yes. Broadly speaking if it's both a creative work (copyright) as well as a source identifier (trademark), then it may be covered by both types of IP. This is sometimes referred to as "industrial art."
It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees. Those...Read more »
This is out of my practice area, but I can confirm that there are multiple types of protections: patents, copyrights, trade secrets, and trademarks are the main categories we often think of (with some subcategories I believe).
Each of these can be highly technical, and you will often find...Read more »
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.
Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to...Read more »
The key here is whether the item in question is tangible or intangible. If it is tangible, like a book, painting, or the table in your example, then they can't restrict your right to that particular tangible item when they sell that item to you. However, if it is intangible like the rights to use a...Read more »
I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... Read more »
The US Copyright Office, looking at their FAQ, will issue registrations to minors, but does caution that (direct quote) "state laws may regulate the business dealings involving copyrights owned by minors."
(I've looked through the C.R.S. at LexisNexis, but one problem with online C.R.S.... Read more »
Since you have access to LexisNexis, try searching for Colorado property ownership laws concerning minors. Or more specifically "intellectual property" ownership by a minor. You should be looking for a statute relating to minors and property, perhaps language like to “sue or be sued” or...Read more »
An attorney would have to know more about the existing mark, your proposed and historical use, and the registration of the first mark to answer this question. Assuming the marks are for the same goods or services, the first mark is valid, and the other mark was used first, you probably cannot...Read more »
Most copyright infringement claims are decided buy the specific facts of the case. There is no hard rule for the majority of infringement cases. Direct and literal plagiarism is an undeniable infringement. A similar general plot and setting may be an infringement, but it could also not be...Read more »
Yes, a license is required if the derivative artwork is used commercially. For private use (without commercial use), the copying should fall under fair use or not be an infringement of a pre-existing copyright.
My concern is that even though they're in the public domain, they are still published today using the same basic format and design. Can I legally reproduce the old versions? The Farmers Almanac website acts is if they own all of them in perpetuity.... Read more »
There are other intellectual property rights involved here. These include trademark, trade name, trade dress, and potentially general unfair competition claims. All of these claims have no expiration date in which they become public domain (a concept that only applies to copyrights and patents)....Read more »
You will need to have an attorney review the specifics of the intended use. As a general rule, the answer is no because the characters are copyrighted. That said, similar (but not identical) images are possible.
I have a contract with them that states they may republish "as mutually agreed upon from time to time, as evidenced by an email." I have never once been consulted about them republishing my work. Otherwise, I would have said no, or asked for more money.
Contact an intellectual property lawyer for all the details. If you do not own the trademark and the name (and/or image is registered as active), the use of the mark is possible, but you must be careful (and be aware that you may receive a cease and desist letter). For trademarks the issue is brand...Read more »
Without directly reviewing the exact intended use and all surrounding situations, I cannot make a full assessment, but I can provide general guidance. Cookbooks are unusual copyright materials because large portions of the book are uncopyrightable. Specifically the list of ingredients and general...Read more »
What do I do it has a attorney name in there but even she won't call me back my grandma needs her will made it says in this booklet my grandpa put " If my wife ain't able to serve will and make decisions I appoint ......and has neighbor name but social services won't listen there her guardian and... Read more »
I came across this trademark: https://trademarks.justia.com/764/36/aslan-76436283.html Does that apply to the character of a lion named Aslan? Does the trademark prohibit me from creating cartoons with a lion named Aslan and/or prohibit me from creating merchandise with his likeness?
Answering your question as a yes or no answer would create an attorney-client relationship. Justia Q&A is for general legal questions. As a general rule, a trademark only applies to the trade/business listed on the application. There are several exceptions that prevent a trademark from applying...Read more »
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