Lawyers, Answer Questions  & Get Points Log In
Copyright Questions & Answers
1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law on
Q: Can user contributed content be transferred to another organization?

Indiana registered non-profit corp. members contributed tips/tricks/ideas about our hobby for members to use. We have since disbanded. Can the knowledge library be provided to another group to keep it available or does each contribution remain owned by the contributing member? Some members have... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

When considering the transfer of user-contributed content to another organization, it's important to understand the legal framework surrounding copyright and ownership of such content. Generally, unless explicitly stated otherwise through agreements or terms of use, individual contributors... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I trade mark New Life Marbella?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2024

To determine whether you can trademark "New Life Marbella," you need to consider several factors:

1. Distinctiveness: Is "New Life Marbella" a unique and distinctive name, or is it a common phrase that other businesses in your industry might use? Trademarks should be...
View More

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

Alan Harrison
Alan Harrison
answered on Mar 14, 2024

It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More

View More Answers

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

The rules regarding legal service of court documents, such as a Temporary Restraining Order (TRO), vary by jurisdiction and the specific court's requirements. Traditionally, legal documents need to be served in person or through recognized postal services to ensure the recipient is aware of... View More

View More Answers

1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
View More

1 Answer | Asked in Copyright, Gaming and Intellectual Property for Arizona on
Q: if I make a game that’s very… similar to Grand Theft Auto. And I name it “No auto” is this copyright and can I be sued?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

If you create a game that is very similar to Grand Theft Auto and name it "No Auto," you could potentially face legal issues related to copyright infringement and trademark infringement. Here's why:

1. Copyright Infringement: If your game copies substantial elements from...
View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: If i was to use a random fictional characters name in a story then it happens to be similar to someone else's?

Will I be sued, what would be the proper legal advice?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024

Under federal law in the United States, using a fictional character's name in a story that happens to be similar to a real person's name would not typically expose you to legal liability, as long as you're not intentionally trying to portray or defame the real person.... View More

1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can we use NWWA as our rap group name that we're creating.

The problem is that there's a group called NWA, so that's the thing worrying us.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

Using "NWWA" as your rap group's name when there is already a well-known group called "NWA" does present potential concerns. The proximity in name could lead to confusion or comparisons, potentially affecting how your group is perceived. It's important to consider how... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Michigan on
Q: How can I as a filmmaking student contact DC Comics and try to get authorization in order to use their characters?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

As a filmmaking student wanting to use DC Comics characters in your project, you should follow the proper channels to obtain permission and avoid potential copyright issues. Here are some steps you can take:

1. Determine the rights needed: Identify which characters you want to use and in...
View More

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

The legality of using your own photos and videos of nightclubs for a commercial app depends on several factors. Here are some key considerations:

1. Copyright: If your photos/videos capture any copyrighted material such as artwork, logos, or distinctive architectural features, you would...
View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I own a PING putter and want to add the brand name "PING" to another location on the putter. Is that infringement?

The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024

In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

Here's why:

1. Genuine product: Since you own an...
View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
Jabari-Jason Tyson-Phipps
Jabari-Jason Tyson-Phipps
answered on Mar 6, 2024

It depends: It can be both.

A copyright protects original works of authorship fixed in a tangible medium of expression. This includes creative works like art, literature, and graphic designs. So for the design of the mousepad you may be able to file a copyright for those specific creative...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024

Based on your description, it sounds like you have created a unique design for a mouse pad that incorporates the concept of the 52-week challenge. In this case, you likely do not need a patent, but you may want to consider copyright protection for your specific design.

Here's why:...
View More

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use the term "That's what she said" for a blog site name?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.