Copyright Questions & Answers

Q: Using Magazine and Newspaper covers on my website.

1 Answer | Asked in Consumer Law, Copyright, Communications Law and Intellectual Property for New York on
Answered on Aug 13, 2018
Michael David Siegel's answer
You cannot do it. The logos and designs of newspapers are copyrighted.

Q: Which of these patents are on the vegetable cutting machines and is the period over?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Aug 13, 2018
Kevin Flynn's answer
Your question as reproduced for attorneys to answer did not list the patents.

Let me give you the rules for patent term so you can answer the question yourself.

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten the term) It is the...

Q: trademarks question

1 Answer | Asked in Copyright for New Jersey on
Answered on Aug 10, 2018
Nyasha A. West's answer
Because your use of 123bc pre-dates any future trademark filings of the same name, the individual or company attempting to register the mark would not be able to sue you for infringement.

Further, the filing of a trademark application requires evidence of the mark’s use in commerce. Absent such proof, unless the individual or company attempting to register the mark is using “intent to use” as a basis, the application is not likely to be approved.

The process of...

Q: When can the "name" of a character be protected under copyright law, even though it typically wouldn't?

1 Answer | Asked in Copyright for Wisconsin on
Answered on Aug 9, 2018
Bryan Thomas Kroes' answer
A full answer to your question will require a more fact-intensive analysis. Generally, copyright law will afford protection of the fictional character itself when it has appeared in a copyrightable work and has a life of its own within that work, however, achieving a level of distinctiveness such that the character can be copyrighted can be tricky. Depending on distinctiveness, you could also explore trademark of the name. You may want to consider contacting an experienced attorney to explore...

Q: Trademark issue from previous owner?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Answered on Aug 7, 2018
Benton R Patterson III's answer
Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

Q: If somebody steals your intellectual property rights for patents documents can you still pursue the litigation?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 6, 2018
Kevin Flynn's answer
I am not sure that I have your precise question but let me take a guess.

FACT Pattern

I am guessing that you invented something and had some level of documentation of your development and proof of date of conception of that invention. That material is now largely gone.

RESULTS

You can still file for a patent. No one from the patent office will ask for documentation on the dates that you invented things. You will need to sign an oath under penalty of perjury...

Q: How do you find the value of a patent?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Answered on Aug 4, 2018
Peter D. Mlynek's answer
The COST of getting a single US patent is several tens of thousands of US dollars. It could be as little as $10K, or as much as $50K+. It depends on many factors.

Now, the VALUE of a patent, once the US Patent Office grants it, is determined the same as the value of anything else. The value of a patent depends on the market; the value of a patent is somewhere between whatever the owner of the patent is willing to sell it for and whatever the purchaser is willing to buy it for. It...

Q: When trademarking a brand name, can a colon or hyphen be incorporated within the name?

1 Answer | Asked in Copyright, Products Liability and Trademark for California on
Answered on Aug 2, 2018
Benton R Patterson III's answer
Yes, special characters can be incorporated into a trademark.

Q: Can I create a character out of a toy made by another company and turn it into a business that makes money?

1 Answer | Asked in Business Law, Copyright and Intellectual Property on
Answered on Aug 2, 2018
Camille Brooks Ibrahim's answer
It depends! The first line of business is to find out if the toy is patented. If it is then no you will be able to market this toy without consenting with the manufacturer. If it is not patent, then just to be on the safe side you might want to speak to an IP attorney, such as my office, or someone near yourself and request further options.

Q: Do officers have to release my intellectual property (images) after car is impounded? Can they hold them from me?

1 Answer | Asked in Copyright, Intellectual Property, DUI / DWI and Products Liability for Idaho on
Answered on Jul 25, 2018
Peter Munsing's answer
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.

Q: Are we a true subsidiary? If not could we break away?

3 Answers | Asked in Contracts, Copyright, Business Formation and Business Law for New Jersey on
Answered on Jul 20, 2018
H. Scott Aalsberg Esq.'s answer
A lawyer would need to review at a minimum the formation documents for the business.

Q: How would I go about trade marking Build A Blunt?

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Wisconsin on
Answered on Jul 20, 2018
Benton R Patterson III's answer
You should speak with a trademark attorney in a confidential conversation. It may be possible. An attorney would need to know more about your business.

Q: Can a company use my image in videos promoting their business without my consent?

1 Answer | Asked in Copyright, Civil Rights, Identity Theft and Intellectual Property for West Virginia on
Answered on Jul 16, 2018
Camille Brooks Ibrahim's answer
That is copyright infringement you need to speak to an intellectual property lawyer.

Q: To whom it may concern, I have a question regarding the Patent with the serial number "87540402".

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Jul 16, 2018
Kevin Flynn's answer
I am not finding a US application with that serial number. You may want to try the Patent Number or the Publication Number to see if that helps.

Sorry I could not be more help.

Kevin

Q: Just what exactly is patented, the concept or something else?

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Answered on Jul 15, 2018
Peter D. Mlynek's answer
What is patented is defined by the claims. A patent may disclose lots of information, many neat concepts and ideas, and many theories, but in the end, only the invention as defined by the claims is what the patent covers.

Q: can i manufacture an aftermarket Sig Sauer P238 slide ?

1 Answer | Asked in Copyright and Patents (Intellectual Property) for California on
Answered on Jul 14, 2018
Peter D. Mlynek's answer
You can be sure that any global firearms manufacturer such as Sig Sauer will have IP protection on their products and significant portions thereof. Sig Sauer has utility patents, design patents, trademarks, and other forms of IP protection. While it is likely that Sig Sauer was not able to get protection on the grip, or a sear pin, or a firing pin block spring, or other simple parts that are common to many semiautos, it is likely that major parts such the receiver or the slide (displaying...

Q: What can I do if another website has copied my website content?

1 Answer | Asked in Copyright for Florida on
Answered on Jul 13, 2018
Jason Brooks' answer
You can file a DMCA take-down notice with the registrar demanding that they immediately shut down the infringing website. You'll need a screenshot or other accurate description of the content being used. If you need legal assistance feel free to email me at: jason@altviewlawgroup.com to discus further.

Q: Is it possible to patent the concept of a (Latin/Christian) cross being a zipper puller? Has it been done?

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Answered on Jul 11, 2018
Camille Brooks Ibrahim's answer
Custom zippers can be patented as far as religious symbols it depends on a few factors.

Q: Would you please advise me if I can apply on-line to vacate a default judgment? Thanks a lot.

1 Answer | Asked in Copyright and Trademark on
Answered on Jul 11, 2018
Benton R Patterson III's answer
No, you cannot apply to vacate a judgement online.

Q: If I register a trademark and that name is already used in a domain (but not trademarked yet) can I get that domain?

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Internet Law for California on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
It depends if the party in whom has a domain for it has trademarked a name similar or the exact same.

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