Copyright Questions & Answers

Q: Is the term "Food Revolution" trademarked?

1 Answer | Asked in Business Law, Copyright and Trademark for Ohio on
Answered on Apr 18, 2019
Joseph Jaap's answer
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...

Q: Wrote code for client as a independent software developer, without a written contract. Is the code I wrote legally mine?

1 Answer | Asked in Contracts and Copyright for California on
Answered on Apr 17, 2019
Jason Brooks' answer
Absent a written agreement or other express understanding that the developer would be the owner of the code upon its creation (i.e. some type of work-for-hire language) then you have a good basis for claiming that ownership in the code never exchanged hands because you have not been compensated for your services. Therefore you are within your rights to deny them further use of your copyrighted material unless and until payment is rendered. With that said, to the extend that the code includes...

Q: how do i get around a trade mark in a description text?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Apr 17, 2019
Ahaji Kirk Amos' answer
You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.

Q: If I were to buy brand name items from overseas, direct from the factory, could I sell them as authentic

1 Answer | Asked in Consumer Law, Copyright and Business Law on
Answered on Apr 16, 2019
Griffin Klema's answer
Your question seems to implicate Canadian law, but I believe most attorneys on Justia are only licensed in the U.S.

Under U.S. law, the answer would probably be no because most likely the owner of the "brand" has trademark rights in the U.S. (assuming they're selling product here). You would not be allowed to sell products bearing the mark of another company without their permission (license). It also probably doens't matter whether you're advertising them as new or used. Furthermore,...

Q: I am building an ecommerce website similar to Amazon, allowing third-party sellers, etc.

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Answered on Apr 16, 2019
Griffin Klema's answer
If you have created a successful business, you're going to get silly/aggressive/unfounded accusers, just be ready and have a good lawyer on retainer to deal with such issues as they arise.

As for embedding YouTube videos onto your own website (for profit), this is a common question. Much of it depends on HOW you're doing so. That's because trademark rights might be affected (i.e. tarnishment, false association, etc.). Then there's copyright, which also doesn't have a clear answer...

Q: hey i am wondering if it is illegal to make a video game based on pepe the frog. The trademark says ''abandoned''

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Answered on Apr 16, 2019
Griffin Klema's answer
I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.

Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Missouri on
Answered on Apr 15, 2019
Ahaji Kirk Amos' answer
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

Q: Can you make and distribute skittle vodka?

2 Answers | Asked in Copyright and Trademark on
Answered on Apr 14, 2019
Ahaji Kirk Amos' answer
No. The title implies and endorsement. So, you need to get permission from the owner of the skittle trademark.

Q: Can I add “services” at the end of my business name to eliminate I fringement?

1 Answer | Asked in Business Law, Copyright and Trademark for New Jersey on
Answered on Apr 12, 2019
Ahaji Kirk Amos' answer
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.

Q: Do I need to change my business name?

1 Answer | Asked in Business Law, Copyright and Trademark for Delaware on
Answered on Apr 12, 2019
Ahaji Kirk Amos' answer
I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek cancelation of the trademark.

You can schedule a consultation with more or learn more about cancelations on my website: https://www.ahajiamos.com.

Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Answered on Apr 12, 2019
Sean Erin Serraguard's answer
There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own application or if you'd like to hire an attorney to draft for you and navigate the process. I'd recommend contacting a licensed patent attorney with experience in foreign prosecution for a free consultation and not...

Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?

1 Answer | Asked in Copyright and Trademark for Texas on
Answered on Apr 11, 2019
Griffin Klema's answer
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into problems trying to register that phrase (serial no. 87288007) because a similar registered mark existed (serial no. 86481725) for "I'LL BE YOUR HUCKLEBERRY". I recommend you get a clearance opinion...

Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?

1 Answer | Asked in Business Law and Copyright for Idaho on
Answered on Apr 11, 2019
Michael Hales' answer
You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

Q: Would it be seriously problematic if I self-published my original work before I receive my certificate of registration?

2 Answers | Asked in Copyright for Alabama on
Answered on Apr 9, 2019
Jason Brooks' answer
The date of confirmation of registration is the operative measure. The certificate is just documentary evidence for you to have at your disposal. So, as long as you have a registration number, you're protected.

Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?

1 Answer | Asked in Contracts, Copyright and Trademark for Texas on
Answered on Apr 9, 2019
Griffin Klema's answer
If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called common law trademark rights.) A registration is evidence of a claim to trademark rights, and is not the source of the right itself.

Q: Would this be copyright infringement?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Answered on Apr 9, 2019
Griffin Klema's answer
You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike swoosh is a well recognized (famous) source identifier, and using that alone or together with the slogan is probably going to raise the ire of Nike's attorneys. I recommend considering other themes if you can't get...

Q: Q: My dad had a trade mark on name “macho nacho” it says status canceled does that mean it’s not in effect any more!?

2 Answers | Asked in Contracts and Copyright for Texas on
Answered on Apr 9, 2019
Sean Erin Serraguard's answer
The short answer is yes. If the USPTO shows the mark as dead or cancelled, your dad would no longer have rights to that trademark. Further, a cursory review of the trademark database shows that numerous registrations have existed for that mark, with some registrations being still in effect. To search for more details, here is the link to the USPTO TESS database. https://www.uspto.gov/trademarks-application-process/search-trademark-database Just click on the link that says "Search our...

Q: I'm looking for an Attorney for Patented/Copyright! The Patent is #4926171, The Copyright is on the wayback machine.

1 Answer | Asked in Copyright for Florida on
Answered on Apr 8, 2019
Marcos Garciaacosta's answer
I suggest you schedule a consultation via phone to understand better your needs.

480 324 6378

Q: Can I download and modify YouTube videos under Creative Commons license for commercial use?

1 Answer | Asked in Copyright on
Answered on Apr 8, 2019
Marcos Garciaacosta's answer
Very likely not. Unless the video itself provides a license to make changes, And you must read and understand it correctly.

Very likely it will cause a reaction, cease and desist and potential infringement claim.

Q: What's does domestic profit corporation mean?

1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on
Answered on Apr 5, 2019
Ahaji Kirk Amos' answer
It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign corporation in Georgia to do business.

I hope this helps!

Ahaji Amos,

Ahaji Amos, PLLC

https://www.ahajiamos.com/

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