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Copyright Questions & Answers
1 Answer | Asked in Copyright for North Carolina on
Q: Can I use a word in a different font and design even though it's trademarked already?
Evelyn Suero
Evelyn Suero answered on Apr 9, 2021

It may be deemed infringement to use a trademark that is confusingly similar to another trademark that is in use for the same class/category of goods or services. There may not be an issue, however, if the trademarks are used for completely different goods or services when there is no likelihood of... Read more »

1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... Read more »

1 Answer | Asked in Copyright on
Q: I was told that I could not use the tradename soul purpose life coaching because of this...is this true

I don't think that purposesoul trademark and soul purpose is the same thing

Evelyn Suero
Evelyn Suero answered on Apr 1, 2021

When two very similar marks are used for the same or related class of goods or service, they may be considered confusingly similar (and possibly infringing), especially when both marks are comprised of the same dominant words. Also, the USPTO may issue a refusal of registration on the basis of... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: May can i design drawing Albert Einstein in my style or photo editing for print on demand business ?
Joshua Adam Davis
Joshua Adam Davis answered on Mar 31, 2021

You may be on safe ground, BUT you must discuss the specific facts surrounding your idea with an intellectual property attorney in a confidential setting. A federal court in California ruled that Albert Einstein's likeness was no longer protected by New Jersey's laws regarding post-mortem... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: What would the legal processes and costs be if we develop very similar tech to patent #20210022609?

Our tech uses similar electronics to patent #20210022609, with the addition of piezoelectric power supply. This is our first experience of IP law as a start-up so I would be grateful for a run-through of the legal processes required.

-Would be possible to develop similar tech for market... Read more »

Bill Hulsey
Bill Hulsey answered on Mar 31, 2021

The US Patent & Trademark Office website (www.uspto.gov)provides guidance along these lines. If you desire more specific guidance, please let us know. I wish you great success in this endeavor.

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1 Answer | Asked in Copyright for Oregon on
Q: Copyrighted photograph, recreated and manipulated for my album cover. Do I need to purchase rights to use original pic?

My artist essentially re-created a photograph that is licensed (in the UK) using Pastel paint, and then a graphic designer manipulated the painting a little further to create my album cover. Should I seek out and purchase the rights to use the original photograph?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 26, 2021

This sounds like a derivative work, so if that is the case, you would most likely need to get a license.

1 Answer | Asked in Copyright and Trademark on
Q: Can we use a logo which is now under status 606 - Abandoned - No Statement Of Use Filed

No statement of use filed ten years ago

Evelyn Suero
Evelyn Suero answered on Mar 25, 2021

When a trademark application has a status of abandoned, this does not necessarily mean that the trademark is available for use. The trademark may still be in use by the applicant or another business owner, or another confusingly similar trademark may now be in use. Consult with a trademark attorney... Read more »

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New Mexico on
Q: I'm a musician and want to name my album "Sith" but Lucasfilm has the word trademarked, can I still name it that?
Jason Brooks
Jason Brooks answered on Mar 24, 2021

Trademarks can be registered in a number of different "classes" based on their use. You should probably hire an attorney to help you examine which classes LucasFilm has its mark registered in to see if it would conflict with your channel of commerce in music. Ultimately, if there is no... Read more »

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 23, 2021

Non Disclosure Agreement

That language should also be included in any contract with people that would do work for you

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for California on
Q: Patent stolen and manufactured in china.

In the current company(Los Angeles, CA) I work at, my manager is cheating the company by manufacturing in china.

We have built couple of products and got the patent for them. We built a prototype using the same technology but in different package. I was part of the design team for the... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Mar 22, 2021

Many pieces of the puzzle are missing. Is the manager working with a different company? Who is selling it? Does your company know? There are many more facts needed to determine if something is wrong here. If you are serious about the inquiry it would probably be necessary to get a consultation from... Read more »

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Oklahoma on
Q: If I buy something from a place like Etsy to put on a product that I sell and make from scratch. Am I good legally

I buy the product from a source that is allowed to make the sticker or decal and I put it on a product to sell. Do I still have to get a Craftman license to be able to sell that with that sticker on it?

Jessica Brown
Jessica Brown answered on Mar 22, 2021

There isn't enough information here to fully answer your question.

It does, however, sound like (depending on a lot more information) you could get in trouble for copyright and/or trademark infringement, fraudulent misrepresentation, or something else.

1 Answer | Asked in Copyright on
Q: does this mean no linger valid trade mark Status 710 - Cancelled - Section 8
Evelyn Suero
Evelyn Suero answered on Mar 22, 2021

Per the USPTO, if a trademark registrant does not respond to an office action issued for a section 8 or section 71 declaration or a section 9 renewal application, the registration will be canceled and/or expire. However it is possible that the trademark (or a similar trademark) is still in use by... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Hello I am interested in trademaking FARM FRESH SPIRULINA. I see an application was made & abandoned - can I now apply?
Evelyn Suero
Evelyn Suero answered on Mar 21, 2021

An abandoned trademark status may be caused by failure to submit a required response to the USPTO. This does not mean that the trademark is not still in use by the applicant or by some other person, and using a trademark that is already in use could be deemed infringement. Consult with a trademark... Read more »

1 Answer | Asked in Copyright for California on
Q: I have already asked this question. How do I use a person's name in a screenplay without asking for permission?

I need to mention this person in the screenplay I am writing. Can I change the name and use it?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You have asked this same question on at least 7 postings on Justia. First, it is not Copyright. A private person's name is not copyrighted. So when you post over and over and over again in Copyright, the notices of your posting never go to attorneys handling claims of defamation, which is... Read more »

1 Answer | Asked in Copyright for California on
Q: I think it would be fun to mirror-write the saccharine babysitters club series so that it's about a witch/vampire club.

I think it would be fun to mirror-write the saccharine babysitters club series so that it's about a witch/vampire club instead. This would mean different characters, genders, and a different genre, but the writing structure would be mirrored. For example, the original says:

Need a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You need to confer with a local copyright attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Copyright for California on
Q: Can I use a real person's name in a screenplay without their permission?

I am writing a biographical screenplay about my mother. Her first husband, not my dad, cheated on her. That's why she divorced him. She met, and married, my father later.

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Not a Copyright issue, it is a Libel issue. If you name him and get the facts wrong, you may be looking at libel litigation.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Copyright and Civil Litigation for California on
Q: Defendant’s Late Filing of Answer to Complaint in California

Defendant did not respond to my Complaint within 21 days. As my Default Application was still pending, the court accepted Defendant’s Answer 60 days after the time to respond. Defendant did request an extension, however, it was filed after the 21-day time to respond. Is this appropriate procedure?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

In State Court There is a difference between a Default and a Default Judgment. First you file a request for entry of default. If there is no answer on file, the Clerk enters a default. After you have this entered you submit a packet for entry of default judgment with your evidence proving up the... Read more »

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1 Answer | Asked in Copyright and Civil Litigation for California on
Q: Ex-parte communication - filed by Defendant

Is it improper, a violation of statutes/ethics for a Defendant to submit a 80-page confidential memorandum to the Court on my case prior to filing of my Complaint? I learned of it by a public records request. The memorandum makes many false claims and certainly has the appearance of prejudicing... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

AZ or CA? You posted in CA. Here I cannot even conceive of a way they could file something in a Civil action before you file a complaint. How would they have the case number? There is a procedure for them to file a sealed document that must be followed first.

Justia disclaimers below,...
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1 Answer | Asked in Copyright for California on
Q: Can I use my mother's first husband's name in my screenplay without getting his permission?

"I am writing a biographical screenplay about my mother, Rosemary Rogers. She was a famous romance novelist.": I mention her first husband, by name. He cheated on her. That is why she divorced him. Can I use his name?

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

Not a Copyright issue, it is a Libel issue. If you name him and get the facts wrong, you may be looking at libel litigation.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Do I use/buy a trademark,copyright,or a patent to claim a username/name
Robert Philip Cogan
Robert Philip Cogan answered on Mar 16, 2021

All your answers are in the excellent tutorial material at uspto.gov and copyright.gov.

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