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... View More

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.... View 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... View 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.

One strategy is to... View More

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... View 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... View More

An attorney would need to review the song and the story to determine if one infringes the other. If so, you would need a license to create derivative works.

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.

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”... View 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... View 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... View 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.

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).... View 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.

As a copyright holder you have the right to restrict republishing. The contract you signed may have impacted this right.

You will need to contact a lawyer directly to review the contract and the unauthorized use.

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... View 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... View More

You will need to contact an attorney.

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... View More