Griffin Klema's answer That can be a tough call, but generally depends on a few things: 1. Whether what you have is protectable by a patent, 2. Whether the information can truly be maintained confidentially.
The first question can be answered by a patent lawyer by performing a patentability assessment. The answer to the second question depends on what the information is. Sometimes, it cannot be kept secret simply by its nature. Other times, government regulations require disclosure. If you are evaluating how...
Griffin Klema's answer 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."
Ashley Dean Powell's answer 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 categories are probably among the most competitive/difficult to enter. Other, smaller and less popular categories (think different types of products) may be a little easier to enter.
Ashley Dean Powell's answer 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 that attorneys who practice in this are tend to specialize in intellectual property.
As a very, very rudimentary rule of thumb, you might think of them like this:
Kevin E. Flynn's answer 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.
One strategy is to limit what you do to things in expired patents. That won't work for high tech but for some products where a solution from 20 years ago may be commercially viable today, that is safety. No one should be...
Andrew Zulieve Esq's answer 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 perfect copyright but is inexpensive and valuable. Registration is required to maintain a civil lawsuit for copyright infringement in federal court.
John Espinosa's answer 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 character, then you merely have a license to use the copyright which can be restricted and revoked by the owner. Here is a helpful resource that explains the difference:...
Benton R Patterson III's answer Probably so, but it would be best have an attorney review what you received from the copyright owner's attorney. A dismissal without prejudice means that the suit may be filed again.
Griffin Klema's answer 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 “enter into binding legal obligations” (for example, see General Obligations, § 3-101, Laws of New York).
Benton R Patterson III's answer 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 register the trademark vetrepreneurlife. These assumptions may change upon review all the facts though.
Tristan Kenyon Schultz's answer 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 infringement. You will need to contact a copyright lawyer directly for a review. Expect to pay for the lawyer's time. Also, as warning copyright infringement cases are at minimum $10K if it goes into...
Tristan Kenyon Schultz's answer 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.
Tristan Kenyon Schultz's answer 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).
If you intend to create and sell reproductions you should contact (and pay for) an attorney to review the intended use. Also be aware that even if you ultimately have a legitimate use, an...
Tristan Kenyon Schultz's answer 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.
Tristan Kenyon Schultz's answer 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 confusion, so part of the legality of the mark's use related to the pre-existing use. If there is an overlap in type of use and the name is registered federally or in Colorado, you likely cannot use...
Tristan Kenyon Schultz's answer 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 instructions (note: literal copying of wording in the instructions is a copyright violation) are not copyrightable. The introductions and any other material is usually copyrightable. In short, cooking...
Tristan Kenyon Schultz's answer 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 beyond a limited scope (remember trademarks are granted to prevent brand confusion). If you want a specific and detailed analysis you will need to contact an attorney.
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