Copyright Questions & Answers

Q: Fat Albert is Trademarked for the image in use with clothing. Can I sell Health products using the name without issue?

1 Answer | Asked in Copyright and Trademark for California on
Answered on Oct 17, 2017

Well you may not have issue of likelihood of confusion. But you may have issue that the mark is not a registerable term for the goods.
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Q: In a Legal Aid representation, is an acting attorney permitted to charge fees, and if so what fees and costs?

1 Answer | Asked in Copyright, Real Estate Law and Landlord - Tenant for Florida on
Answered on Oct 17, 2017

Your question does not make sense. Try asking again and give more specifics. One answer would be that the legal aid attorney can charge as stated in the fee agreement.
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Q: If I just created a new invention or concept what's the best way I can protect if I have no money

2 Answers | Asked in Copyright, Intellectual Property and Patents for Virginia on
Answered on Oct 16, 2017

You've asked about an invention, which is covered by patents, but you posted your question under copyrights. Let me answer your question both ways.

COPYRIGHTS

If you are trying to protect something that is copyrightable, then the protection does not cost you anything. If you write an article, or a book, or a movie script, or shoot a movie, and like, then it is copyrighted when you fix in a tangible medium. It used to be that you had to submit it to the Copyright Office, but...
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Q: What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Answered on Oct 16, 2017

You could potentially be liable for trade dress infringement, which is very similar to what you are describing.
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Q: Hi, when it comes to making t-shirts and related products with words, how does that work for copyright/trademark?

1 Answer | Asked in Copyright and Trademark on
Answered on Oct 16, 2017

You can trademark words in specific color or shape. However the words should be trademarkable first.
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Q: How can I protect my ideas if im dead broke?

2 Answers | Asked in Copyright, Intellectual Property and Patents for Virginia on
Answered on Oct 11, 2017

For a short period of time, you can keep your idea a secret. This may not work forever as others may eventually come to the same solution for the same problem.

There is a pro bono program for inventors run at the United States Patent and Trademark Office. I have not used this program but can get you started with a link to their web page. https://www.uspto.gov/patents-getting-started/using-legal-services/pro-bono/patent-pro-bono-program.

Ideally you find an attorney that can...
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Q: Is it illegal to reference celebrity names/pictures/information in a mobile app

1 Answer | Asked in Copyright and Trademark for California on
Answered on Oct 10, 2017

U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.

More details on your case are necessary for a better analysis and conclusion. Feel free to contact us so we can get more details on what exactly you're trying to do, and to see if there are any exceptions that...
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Q: Which is better to copyright or trademark?

1 Answer | Asked in Copyright and Trademark for Nebraska on
Answered on Oct 10, 2017

Hello. Copyright and trademark are completely different types of protection for different types of intellectual property. A copyright is intended to protect forms of creative expression. We typically think of movies, books, songs, pictures and things like that, though copyrights are also used for computer programs and other forms of expression. Meanwhile, trademarks are used to protect words, phrases, logos, etc., specifically as they are used in the commercial offering of products and...
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Q: Can you trademark a generic search term? A competitor is claiming they own it and i cannot use it on my site.

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Oct 10, 2017

The disclaimer on the USPTO for their Trademark states:

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WINE TOURS" APART FROM THE MARK AS SHOWN

So, while they may own "LONG ISLAND WINE TOURS" both "Long Island" and "Wine Tours" aren't part of the claim. You can use WINE TOURS OF LONG ISLAND for instance and they probably wouldn't have a good claim against you even though you are using the exact same words just phrased differently and adding the word "of" may make...
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Q: trade mark question

1 Answer | Asked in Copyright and Trademark for Delaware on
Answered on Oct 9, 2017

More details would be necessary to best answer your question.
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Q: How Can I get a nude video of me taken down?

1 Answer | Asked in Copyright, Criminal Law, Civil Rights and Sexual Harassment for New Jersey on
Answered on Oct 9, 2017

More information is needed to answer your question, when you say no one has done anything, who is no one (police, school parents etc) , where is it posted, what if any body parts were showing, these are all questions which are important to understand why nothing happened. Lastly sometimes if the website is off shore it is very hard to get any results even when technically a crime is/has been committed. I suggest a civil litigation lawyer if this person has assets.
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Q: HI, I sent an image to a 'fit finder' group, which has since been taken by various news agencies and used in articles.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark on
Answered on Oct 9, 2017

It depends on the agreement you had with them. Was there a standard agreement for anyone sending them images? did you specify when sending the image that only they could use it? More details on this are needed to better answer your question but I would start by looking at their standard agreement and the message you sent.

As always, remember the disclaimers below!
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Q: can I legally create an app to easily allow users to browse, search, and consume free online videos like from youtube?

1 Answer | Asked in Copyright for California on
Answered on Oct 9, 2017

You probably can't charge users a monthly fee for using the app without the permission of the authors of the videos.

In general, you can either use the work under fair use or after requesting auhtorization from the authors. Given that you intend to make profit from the users, fair use is no longer possibility in this case. If the work is copyrighted and not part of the public domain, you can't sell other people's work without their authorization.

More details on your case...
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Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

1 Answer | Asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio on
Answered on Oct 7, 2017

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.
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Q: Copyright questions about a product we sell: In violation or not? Fight false DMCA requests.

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New Mexico on
Answered on Oct 7, 2017

An attorney would need to review the two products to determine determine if one product infringes the other. You may have a defense. Often items that have a useful function are not protected by copyright, and if they are, only a limited aspect of the design is covered. An attorney would have to review the products to make that determination.
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Q: Someone is using my artwork to promote their live show without my permission. Recommendations on course of action?

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Answered on Oct 7, 2017

The first step would be to approach them yourself to try to work out a deal. If that doesn't work, try having an attorney contact them on your behalf and explain why they are legally obligated to stop using your work and properly compensate you. If that fails, you could sue them for copyright infringement. If you think you may need to sue, you should register your work with the US Copyright Office so that you may recover monetary damages.
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Q: Can I use words like "remix" and "original" on a t-shirts if they are registered here: Serial Number 87317107.

1 Answer | Asked in Copyright, Intellectual Property, Patents and Trademark for California on
Answered on Oct 5, 2017

A look into the registered mark shows that the trademark is for the sentence: "THE ORIGINAL, THE REMIX, AND THE ENCORE".

I don't see this being an issue for having words like "original" or "remix" printed on a t-shirt.

If you have any other questions regarding this trademark, feel free to contact us at:

http://kgulick.com
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Q: Can I apply this technology for my project without the inventors knowledge? (Dual torque vectoring patent )

2 Answers | Asked in Copyright and Patents on
Answered on Oct 5, 2017

Is it possible for you to use a technology undetected? Possibly. This becomes less and less likely if your product becomes a commercial success as you will less likely to fly under their radar. I do not know enough about your product to consider how apparent your use of the technology will be.

The real question is whether your use of the technology is an infringement of their patent rights. Do they have an issued patent or a published application? Do they have a patent in the...
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Q: If I want to name a website NYUparties.com for students at NYU, am I allowed to use that name? If I don't use the logo?

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Oct 5, 2017

Prima facie, (mis)using the name likeness to "NYU" may come on radar and invite legal action against you for usage of

their name without permission. As this site will be meant for students of the NYU and be used in conjunctions with official NYU site, may create confusion among users. You may seek permission for usage of identical name prior to launch of your site. Consult Attorney for specific advice.
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Q: we're a brewery. if someone else trademarked our Company name, could they force us to pay them or stop using it?

2 Answers | Asked in Copyright and Trademark for New Jersey on
Answered on Oct 2, 2017

Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get a lawyer if you think you may have a problem.
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