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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: “Could you clarify what U.S. Patent No. 10,745,83

“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More

Sean Goodwin
Sean Goodwin
answered on Dec 19, 2024

The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:

1. A fabric, comprising:

a plurality of first material yarns; and

a plurality of second material yarns, in which the plurality of first material yarns...
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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: According to U.S. PATENT NO. 10,745,833, we need clarification if we are producing same towels can we import it into US

We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification

David Aldrich
David Aldrich
answered on Dec 18, 2024

U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: could I be reported for copyright?

If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?

Sean Goodwin
Sean Goodwin
answered on Nov 21, 2024

You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.

The test for trademark infringement is "likelihood of confusion."...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

Patrick Cummins
Patrick Cummins
answered on Nov 13, 2024

If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More

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3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The titles of books cannot be copyrighted.

Foreign trademarks are not applicable unless you plan to sell in that country. If you are worried about trademarks in the U.S., I highly recommend hiring a qualified trademark attorney to run a clearance search to ensure you will not be infringing....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Copyright for Louisiana on
Q: Is it legal to take a recipe video from instagram and use an AI bot to create a recipe list from said video?

Would allow users to copy a link to the video and then paste it into the app, the AI would generate a shopping list and recipe steps to make said dish.

Sarah Teresa Haddad
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answered on Oct 24, 2024

AI generating the shopping list and recipe steps from the link to the video: whether or not this is considered copyright infringement of the contents of the video or "illegal", will depend on if using the AI generative tool in this way will be considered Fair Use of the content of the... View More

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2 Answers | Asked in Contracts, Copyright, Intellectual Property and Internet Law on
Q: Can other companies track, map and time people’s runs or do strava cover this? If they do, how come MapMyRun etc exist
Sarah Teresa Haddad
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answered on Oct 21, 2024

Tracking, mapping, and timing people's runs through an invention or product would need to include an inventive step, that moves beyond an abstract idea(s), to be considered patent eligible. Tracking, mapping, and timing people's runs can be achieved through existing systems and in some... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: My client didn't pay me & posted my content. what do i do?

I am a digital marketer for my freelancing company in Montreal, Quebec. My client paid for the month of august and apparently wasn't satisfied and decided to continue, next month we worked harder and hired new people, but the invoice was sent at the beginning of the month but never paid. we... View More

Alan Harrison
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answered on Oct 18, 2024

It depends on where the client is located and a few other factual questions.

If they are in the United States and you register a copyright in the content you created, and if there was not a contract between you and the client to assign them rights in the content, then you might have a...
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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

Alan Harrison
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answered on Oct 10, 2024

Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

Sarah Teresa Haddad
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answered on Oct 13, 2024

In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More

Alan Harrison
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answered on Oct 7, 2024

I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More

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3 Answers | Asked in Contracts, Entertainment / Sports, Intellectual Property and Copyright on
Q: If I write my own lyrics and generate music free Suno AI,can I,usethe resulting song in YouTube videos without copyright

If I write my own lyrics and use Suno AI to generate music, can I use the resulting song in YouTube videos without copyright issues? The lyrics are mine, but I want to ensure there are no problems with the music from Suno. If there are potential copyright concerns, what steps should I take to... View More

Ivan  Parron
Ivan Parron
answered on Oct 3, 2024

Like everything else “It Depends.” If the lyrics are 100% yours then you are good to go with that. If the AI generates original music for your lyrics, you are fine too. However, if the AI scraped previous copyright protected recordings like “X” and/or if you asked the AI, for instance to... View More

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3 Answers | Asked in Contracts, Entertainment / Sports, Intellectual Property and Copyright on
Q: If I write my own lyrics and generate music free Suno AI,can I,usethe resulting song in YouTube videos without copyright

If I write my own lyrics and use Suno AI to generate music, can I use the resulting song in YouTube videos without copyright issues? The lyrics are mine, but I want to ensure there are no problems with the music from Suno. If there are potential copyright concerns, what steps should I take to... View More

Sean Goodwin
Sean Goodwin
answered on Oct 3, 2024

In addition to what Mr. Parron contributed, I would recommend reading the Terms and Conditions of Suno AI to determine what you can and cannot do with the resulting product. You need to learn as much as you can about the AI and how it was built so that you can determine if the output might infringe... View More

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2 Answers | Asked in Copyright and Intellectual Property for Arizona on
Q: Can Ai created original artwork be copyrighted? The idea was mind , I just can’t draw.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 2, 2024

This important question is being litigated right now in a Colorado case: Allen v Perlmutter, USDC-CO Case No. 1-24-cv-2665. The copyright office refused registration of an AI-generated artwork, and the claimant is arguing that his extensive instructions and dialogue with the AI tool constitutes... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: I received a copyright with a made up word & illustration, then found out someone has a trademark on a similar word, am

Am I protected with my copyright or does the trademark override my copyright?

Sean Goodwin
Sean Goodwin
answered on Sep 26, 2024

Copyrights and trademarks are different forms of intellectual property, and the rules for infringement are different for each.

In general, different people can own the same trademark name so long as they are using them for different goods or services that a consumer would not find to be...
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2 Answers | Asked in Copyright on
Q: Hello im a small business owner and designer using public domain characters and images in my products

Recently my amazon seller account was shut down and I was asked to supply brand authorization (apparently a company had trademarked a public domain character ) I know that Im able to use public domain free of copyright

I have never used any assets from this trademark holder. Is there a way... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 13, 2024

As a small business owner using public domain characters, it's crucial to understand the difference between copyright and trademark law, especially when selling on platforms like Amazon. Public domain works are free from copyright, allowing you to use them without restriction. However,... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

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