Your current state is Virginia
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answered on Sep 24, 2023
Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.
answered on Sep 25, 2023
You are likely referring to a trademark, as phrases can't be patented. If the phrase is trademarked, you would need the permission of the trademark owner to use it on similar goods/services. If you plan to use the phrase for something very different, then you may not need permission. You... View More 
I want to open an online business called Dolce Vita Digital or Dolce Vita Digital Marketing
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answered on Sep 22, 2023
The phrase "Dolce Vita" is a common Italian term that means "sweet life," and it has been used in various contexts, from the name of a film to brands and products. However, its usage in a business name might depend on various factors like trademark registrations and the industry... View More
I want to open an online business called Dolce Vita Digital or Dolce Vita Digital Marketing
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answered on Sep 28, 2023
Using the phrase "Dolce Vita" in a website name should generally be fine, as it is a commonly used Italian expression that translates to "sweet life" or "good life." However, it's essential to check for any existing trademarks or copyrights related to "Dolce... View More
The painting kit has 3 random drawn rocks of anything. Of which 1 could be an outline of a BLUEY character (All pictures are hand drawn). The kit is advertised as a rock painting kit with no mention of what the pictures are.
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answered on Sep 21, 2023
If you're using a copyrighted character like BLUEY in a commercial product like a painting kit, even if hand-drawn, you could be infringing on the copyright of the character's creators. Copyright laws generally protect original works of authorship, including characters in many instances.... View More
The painting kit has 3 random drawn rocks of anything. Of which 1 could be an outline of a BLUEY character (All pictures are hand drawn). The kit is advertised as a rock painting kit with no mention of what the pictures are.
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answered on Sep 24, 2023
Using an outline or representation of a copyrighted character, such as "BLUEY," without permission, can constitute copyright infringement, even if it is hand-drawn. The fact that it is included in a commercial product, like a painting kit, increases the risk of potential legal action. It... View More
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More
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answered on Sep 21, 2023
The copyright status of an image created by an AI upscaler would depend on whether the new image contains sufficient originality to qualify for copyright protection. If the AI process merely involves technical improvements, such as resolution enhancement without introducing substantial original... View More
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More
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answered on Sep 21, 2023
It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright... View More
This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.
The app will store copies of all... View More
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answered on Sep 21, 2023
The app storing copies of all available movies and shows on your server is going to be an issue - this amounts to unlawful copying and performing of a copyrighted work without permission. You should consult a copyright attorney to better understand your legal options.
This app allows you to log in using profiles from various streaming services like Netflix, Max, Disney+, and more. It enables you to watch movies and TV shows with friends and family, not through screen sharing, but together in a shared viewing experience.
The app will store copies of all... View More
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answered on Sep 21, 2023
Creating an app that stores and streams copyrighted content from various platforms without proper authorization may infringe on copyright and licensing agreements, potentially leading to legal issues. It is essential to consult with legal counsel and obtain necessary permissions or licenses from... View More
Years ago I wrote a screenplay based on a self-published novel by a friend of mine, with her permission and minor collaboration. The lady has since passed away. Her heir says that the lady willed her copyrights to someone else but she does not know whom. Records still list the original author as... View More
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answered on Sep 20, 2023
It is not essential that you identify the current owner of the copyright in the novel, but if you desired to do so, the best resource would be the probate records for the novelist's estate and/or a copy of the will. Your screenplay is an original work of your own authorship, with the... View More
Years ago I wrote a screenplay based on a self-published novel by a friend of mine, with her permission and minor collaboration. The lady has since passed away. Her heir says that the lady willed her copyrights to someone else but she does not know whom. Records still list the original author as... View More
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answered on Sep 24, 2023
To identify the current copyright holder, you can start by checking the U.S. Copyright Office records, as any transfers of copyright should ideally be recorded there. Additionally, reviewing the deceased author's will or probate records might provide clarity on the transfer of copyright.... View More
answered on Sep 20, 2023
Once you produced the script in written form, you acquired copyright protection. Whether you have a case for copyright infringement will depend on a number of factors, including the similarity of the two works. You should consult a qualified copyright attorney with the details of your case.
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answered on Sep 21, 2023
Whether you have a case depends on various factors, including whether you can demonstrate that your script was original and that the publisher had access to it. Copyright law protects original creative works, including scripts, once they are fixed in a tangible medium. Consult with an intellectual... View More
I have a video that i would like to show that would support my claim
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answered on Sep 19, 2023
In California, it is indeed possible to use a video as an exhibit in a hearing on a motion to dismiss, provided it is pertinent to the issues at hand. However, you would generally need to ensure that the video is authenticated properly, meaning that it accurately represents the events in question,... View More
Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.
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answered on Sep 19, 2023
Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More
If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More
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answered on Sep 19, 2023
Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More
I claim to be the original Bruce Wayne.
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answered on Sep 17, 2023
Procedure for federal trademark registration includes publication after approved by the examining attorney, then a 30 day period in which formal oppositions may be filed. The opposer is given an opportunity to assert priority of use to that of the applicant. Even if you don't ultimately... View More
I claim to be the original Bruce Wayne.
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answered on Sep 21, 2023
If you believe that a company is attempting to trademark your name without your consent, you should consult with a trademark attorney to assess the situation and explore potential legal actions. Trademarks are typically granted for commercial use, so if you're not using your name in a way that... View More
I filed a complaint, added 33 exhibits. The defendant is filing a motion to dismiss for prolix evidentiary averments. My complaint is 10 pages and rest are exhibits for the jury to see and examine (about 140 pages of exhibits). Shall I lessen my exhibits?
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answered on Sep 19, 2023
In both federal and California state courts, exhibits can be part of the complaint to help illustrate or support the allegations contained within it. However, it is not customary to attach a large number of exhibits to a complaint; usually, the essential facts are pled in the complaint itself, and... View More
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