Lawyers, Answer Questions  & Get Points Log In
Copyright Questions & Answers
1 Answer | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Texas on
Q: texas penal code title 4 chapter 16 section 16.06 in "layman's
Grant St Julian III
Grant St Julian III answered on Aug 13, 2020

I am not sure of your exact question.

1 Answer | Asked in Copyright for New York on
Q: Can i use the name buffalo bills in my song without their permission
Tim Akpinar
Tim Akpinar answered on Aug 12, 2020

Maybe you could consider reposting, additionally adding the categories of Intellectual Property and Trademark to your question. There's no guarantee that all posts are picked up, but your question remains open for a week, and it's possible a trademark/IP attorney could identify issues... Read more »

1 Answer | Asked in Copyright and Civil Litigation for New York on
Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 12, 2020

Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or... Read more »

2 Answers | Asked in Copyright and Trademark on
Q: Is comparing my products to a nationally recognized brand considered fair use as comparative advertising?

For example : can I advertise Ibuprofen as “compare to Advil active ingredient” or acetaminophen as “compare to Tylenol active ingredient”.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 11, 2020

If you're asking if comparative advertising ("CA") is permitted, the general answer is "yes." ("Fair use" is a defense if sued.)

But the devil is in the details. For instance, the CA should be truthful and not be misleading or deceptive. An in-depth...
Read more »

View More Answers

2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 11, 2020

This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.

View More Answers

1 Answer | Asked in Copyright on
Q: This is just a portable vanity mirror, how was this patent granted? Can this be challenged?

Is this valid internationally?

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

You could repost your question under Patent Law. There's no guarantee that all posts are picked up, but your question would have better chances of being seen by a patent attorney in that section. Good luck

Tim Akpinar

2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: How will I know if a logo is trademarked? Can you modify an existing logo and use it nationally?
Evelyn Suero
Evelyn Suero answered on Aug 10, 2020

You can perform a search on the USPTO website for registered trademarks. Note however that trademarks may accrue common law rights prior to registration so it is also important to work with an attorney to perform a clearance search to determine if there any other trademarks in use that may be... Read more »

1 Answer | Asked in Small Claims, Consumer Law and Copyright for New Jersey on
Q: I received an email from google about a Notice of Class Action Settlement re Google Plus Your Rights May Be Affected

They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy

Leonard R. Boyer
Leonard R. Boyer answered on Aug 7, 2020

Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.

3 Answers | Asked in Copyright and Trademark for North Carolina on
Q: Is "Financing The American Dream" Trademarked or Copyrighted by anyone? My company is interested in using it as a taglin
Joanne Belasco
Joanne Belasco answered on Aug 6, 2020

It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... Read more »

View More Answers

1 Answer | Asked in Copyright for Arizona on
Q: We have been sent an email demanding a $2400 for a photo of a celebrity I used in 2015. How can I check they are legit?

This company don't have a website, is it a scam? They said they are new. They said I can make an offer, for the photo used in a blog, which seems odd???

Evelyn Suero
Evelyn Suero answered on Aug 6, 2020

It may help to request the contact information for their attorney so that you can give that information to your attorney to contact that attorney's law firm directly.

1 Answer | Asked in Copyright for Virginia on
Q: Can I copyright a published work that I have already posted? I make webcomics and want to protect a page I posted.

I can provide the original files and such, and I want to keep my characters protected.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Aug 6, 2020

You had the copyright as soon as you created the work (you might say a "common law copyright"). But to be eligible for "statutory damages," U.S., copyright law encourages registration before publication. Beyond 3 months after publication, if there's been an infringement,... Read more »

1 Answer | Asked in Copyright and Intellectual Property on
Q: Can I use a trademarked name for a business if the goods are completely different?

I would like to use the name Wookiee as part of our business name. We sell cookies and baked goods.

As per checking via this website, Wookiee is trademarked but for clothing, toys and headgear.

Is this possible?

Evelyn Suero
Evelyn Suero answered on Aug 5, 2020

It is possible to use a trademark so long as there is no likelihood of confusion between the trademarks and the marks are not being used in the same or related class/categories. However, it is still important to ensure that neither the trademark owner nor any other person is using the trademark in... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Michigan on
Q: Michigan: copyright question regarding rewriting of scientific articles in simple language

Hi, student from Michigan. I'm considering starting a nonprofit project where we rewrite published free, publicly accessible scientific articles in simple language and re-publish them on the Web through our own website (freely available of course). I was wondering whether this counts as fair... Read more »

Kathryn Perales
Kathryn Perales answered on Aug 5, 2020

I would say no. Best to get permission from the authors before doing this. They might appreciate your efforts.

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »

1 Answer | Asked in Copyright for Illinois on
Q: Hello, I have a question about copyright, please.

I have been writing a book with the working title "take back beauty" (all lower case letters in the title, intentionally). A search for the phrase produced a copyright from a cosmetic company, Anisa International. Reading the copyright info, my use of the term is not in the same classes... Read more »

John Brendan Riordan
John Brendan Riordan answered on Aug 5, 2020

Hello, you are likely able to keep using this term. I believe what you are referring to are "trademarks" not "copyrights." A trademark is a "source indicator" for goods or services. These usually come in the form of a business name, logo, or slogan. Copyrights, on the... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for New York on
Q: Is it legal to screenshot a Getty Images image I have embedded into my website from that website and then post it?

Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »

James D. Williams
James D. Williams answered on Aug 4, 2020

Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits.

If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually...
Read more »

1 Answer | Asked in Copyright for New York on
Q: What does this mean?

My permission is given without any representations or warranties as to other consents and permissions that may be required to use the Recording. BOLD agrees to indemnify, defend, and hold me and any affiliated companies, heirs, executors, administrators, and successors harmless from and against... Read more »

Mr. Joshua Q. Mostyn
Mr. Joshua Q. Mostyn answered on Aug 4, 2020

It means the owner (or agent of the owner) of the Recording is granting permission to use the recording, but isn't making any statements other than that there is permission from the owner. BOLD won't get sued by the owner of the Recording for using the Recording (in whatever way the... Read more »

2 Answers | Asked in Copyright and Trademark on
Q: Is using the name "FullsendWI" a trademark infringement? WI stands for wisconsin here.

The brand "FULL SEND" is trademarked.

Evelyn Suero
Evelyn Suero answered on Aug 4, 2020

A difference of a couple of letters between two trademarks will likely be insufficient to overcome the likelihood of confusion between the marks and such an application would likely be rejected on that basis.

View More Answers

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Wisconsin on
Q: Do you know of any patents for a dr. Pepper bbq sauce?
John Brian Hudak
John Brian Hudak answered on Aug 4, 2020

A patent search would be needed to determine if a patent possibly exists.

A do it yourself search can be started with learning about searching for patents on the USPTO website (https://www.uspto.gov/patents-application-process/search-patents)

Although, it is generally recommended...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.