Copyright Questions & Answers

Q: I was told trademarks are specific to function. could i use something like beauty and the beast to name a business?

1 Answer | Asked in Copyright for New York on
Answered on Apr 22, 2018
Jason Brooks' answer
If that name is available for registration as a corporation, LLC or some other entity in your desired state, the. Yes you can register that name as a business — with that said, Disney is fairly aggressive about protecting their IP so you’d be limiting g yourself in scope and also running the risk of ruffling Disney’s feathers by using this name — if you can choose a name that’s less risky, it’s a better idea from the outset.
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Q: Hey, I'm a YouTuber who makes shady compilations of what YouTubers have done.a youtuber is suing me for ruining her

1 Answer | Asked in Copyright, Business Law and Civil Rights on
Answered on Apr 22, 2018
Jason Brooks' answer
With the caveat that this is not intended to be legal advice, it sounds like this person was caught on camera doing something they shouldn’t have been — as long as you obtained this footage using legal means (i.e. you actually filmed this activity) what you have described does not appear to be actionable by the youtuber.
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Q: I plan on authoring an online magazine but an old, discontinued magazine also exist with the same name. What now?

1 Answer | Asked in Copyright and Patents on
Answered on Apr 20, 2018
Kevin Flynn's answer
Your question is not a patent question. You may want to link this to trademarks as that seems like the most relevant area of law. There are ways to search the USPTO trademark database to see if they have kept rights to the name by having some minimal commercial activity.

Regards,

Kevin E Flynn
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Q: What are the risks when using free stock photos for publications? Sites like unsplash, pixabay. stocksnap.io, pexels

1 Answer | Asked in Copyright for New York on
Answered on Apr 20, 2018
Benton R Patterson III's answer
The risk is that the person who submitted the photo to the site never had the rights in the first place. The true owner could then sue you. Make sure you work with reputable, well established companies that own the photos.
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Q: Reality show I was in used an instr. portion of my original song performed on the show. Am I entitled to any royalties?

1 Answer | Asked in Copyright for Texas on
Answered on Apr 20, 2018
Benton R Patterson III's answer
Possibly. An attorney would need to review the contract and other documents between you and the television show company to answer this question. Most television production companies will include a clause permitting them to use the content.
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Q: Hi I want to go back home country after overstaying how ?

1 Answer | Asked in Elder Law, Copyright and Immigration Law for California on
Answered on Apr 19, 2018
Carl Shusterman's answer
There will no problem in you leaving the United States, but since you are returning to the country from which you claimed you would be persecuted, it is unlikely that you will ever be permitted to return to the US.
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Q: Not sure if I need to patent idea or not.

1 Answer | Asked in Copyright, Intellectual Property and Patents for Hawaii on
Answered on Apr 19, 2018
Kevin Flynn's answer
One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.

Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than you would like.

Most entrepreneurs are not likely to take this deep a dive into patent law nuances. However, if you are aware of the issues raised by the United States Supreme Court in...
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Q: Hello..I want to list the product on the FBA. I clarified that this product is not patented, but I want confirmation fro

2 Answers | Asked in Copyright, Intellectual Property and Patents on
Answered on Apr 19, 2018
Benton R Patterson III's answer
You will need to hire a patent attorney to provide an opinion letter on whether the product infringes a valid patent. This is a complex analysis and cannot be answered easily.
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Q: Helping a campaign manager and was told to get photos of the politician off the internet to post on social media. Legal?

1 Answer | Asked in Copyright for Hawaii on
Answered on Apr 19, 2018
Benton R Patterson III's answer
What you are proposing is not legal. To publish photos taken by someone else, you would need to obtain permission from the person or business that owns the rights to those photos.
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Q: is the phrase "not all superheroes wear capes" trademarked? If not can I legally trademark it and if so can I use it?

1 Answer | Asked in Copyright and Trademark for New Jersey on
Answered on Apr 19, 2018
H. Scott Aalsberg Esq.'s answer
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
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Q: Can I create a custom shirt with my own artwork that includes someones trademark name but sell it as an inspired shirt?

1 Answer | Asked in Copyright and Trademark on
Answered on Apr 19, 2018
Benton R Patterson III's answer
Possibly so. An attorney would need to review the design and the trademark registration to answer this questions.
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Q: We are bring sued by a DC firm with Heroes, Inc. Our non profit is Carroll County Heroes Foundation. Nowhere the same.

1 Answer | Asked in Copyright, Products Liability, Business Formation and Trademark for Maryland on
Answered on Apr 19, 2018
Mark Oakley's answer
Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into giving up the word. A lot more goes into tradename infringement than one word, unless it’s a unique brand name like “Google.” Have a lawyer respond with a letter that your use of the word is not an...
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Q: Is the Star trek logo/insignia trademarked

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Answered on Apr 19, 2018
Mr. Michael O. Stevens' answer
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
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Q: Today have received a mail from Amazon that I'm infringe the patent: D698,996 What should I do? How to avoid this?

1 Answer | Asked in Consumer Law, Copyright and Patents on
Answered on Apr 18, 2018
Kevin Flynn's answer
There are a few paths.

1) You obtain a license from the owner of the design patent. Most likely, you will have to pay a percentage of your sales price but licenses can be done all sorts of ways.

2) You stop selling in the US but only operate in countries without a design patent on this hair band. Note that you will need to avoid having the product made or sold in the US.

3) You make sufficient changes to the ornamental appearance of the hair band so that it does...
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Q: If I upgrade Michael waldan's magnetic engine then can I file patent

1 Answer | Asked in Copyright and Patents on
Answered on Apr 17, 2018
Kevin Flynn's answer
If you make an inventive improvement to any known device, you may be able to get a patent. The test is whether you are merely making an incremental improvement by making minor adjustments or a non-obvious change. Incremental = no patent, but a non-obvious change may get you a patent. Obviousness is judged through the eyes of someone with a complete skill set in making this type of product. That person is deemed to know everything that has been done in the field of that type of device and...
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Q: Is it copying if I didn't know?

1 Answer | Asked in Copyright and Patents on
Answered on Apr 17, 2018
Benton R Patterson III's answer
It is not illegal to copy a business idea. Your business model could be 100% identical and it would be fine. You just cannot copy the articles on the other blog or use the same name as the other business.
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Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Answered on Apr 17, 2018
Benton R Patterson III's answer
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
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Q: I've been wanting to make and sell tshirts with the word "Brahma" on it ,can i even though"Brahma" is already a company?

1 Answer | Asked in Consumer Law and Copyright on
Answered on Apr 16, 2018
Jason Brooks' answer
There is a lot more info that would need to provided before you can get your question answered -- for example, where is that Company? registered as a legal entity? Are they using the name Brahma as a trademark? If so, in what class(es) (i.e. in connection with what goods and/or services)? What is your intention for trademarking the word? -- i.e. is that going to be the name of your t-shirt/apparel company? These are all pertinent questions to answer when determining the registrability of a...
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Q: Dealing with an issue whether I'm able to use multiple song titles on a website that creates profit without song content

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for North Carolina on
Answered on Apr 13, 2018
Jason Brooks' answer
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
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Q: Hi there just wondering if I had this display patent back in 1990 is there a way to update the patent since I.T. had

1 Answer | Asked in Copyright, Intellectual Property and Patents for Florida on
Answered on Apr 13, 2018
Kevin Flynn's answer
You cannot update an issued patent to expand coverage. You can file a new patent application. The Bell patent on the telephone was filed more than 100 years ago and there are still lots of new patent applications on the telephone.

Keep in mind, that your new application will need to be inventive over your old patent.

Intellectual Property is an umbrella term that includes patents, copyrights, trademarks, trade secrets, know-how, show-how, data bases, and other related...
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