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Copyright Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Hi, Can someone take trademark one of my copyrighted design? Thank you
Bharath Konda
Bharath Konda answered on Oct 16, 2019

You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... Read more »

1 Answer | Asked in Copyright for Kansas on
Q: Do I need a copyright license?

My fraternity is wanting to host a movie week, where we show a different movie every night, and charge people to come and watch it. The people coming will only be people we know and the movie will be shown on private property. So, I was wondering if we need a copyright license to show these movies.

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Why not charge for something besides the movie?

2 Answers | Asked in Copyright and Trademark on
Q: Hello, I was wondering if it's possible to get rights to NOS trademark?

I have started car freshener company and I would like to sell fresheners with NOS logo. As I understand NOS logo is trademarked and I want to know if it's somehow possible to sell fresheners with their logo?

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Yes. Licensing deals between trademark owners and third party products happen all the time. When we are doing these deals we first reach out to see if they have a licensing program. If so then get with the program. If not there is more negotiation required.

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1 Answer | Asked in Gaming and Copyright for North Carolina on
Q: What legal issues are there to cloning a game and "reskinning" it, akin to how monopoly clones exist everywhere?

DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and removing protected... Read more »

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.

1 Answer | Asked in Copyright for California on
Q: My name is Koi and I am a photographer who has found Mix Unit, LLC selling merchandise with my photo.
Robert Philip Cogan
Robert Philip Cogan answered on Oct 14, 2019

Based on the limited facts provided, there seems to be a case of copyright infringement. There are many different approaches available. It would be helpful to know exactly what they were doing with your photo and how it is being sold. Other facts are also important. A review with an attorney can... Read more »

1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never use your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
Read more »

1 Answer | Asked in Copyright for New York on
Q: I got a software copyright infringement notice for a company that i am not a member of any more, what should i do?

I got a letter to my personal address from a company i dont know of for a software copyright infringement claim (a software i do not use to know of), with a quote attached. It was for a company i used to be a partner of 2 years ago but no longer am and have no part of their affiars. What would be... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try talking to them and explaining the situation.

Maybe a mistake.

If it is not a valid invoice you can tell them that. And if they keep harassing you you can try to get legal counsel or use your state attorney general.

marcos.e.garciaacosta@gmail.com...
Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) on
Q: patent for EEUU market an accessory element set for competition guns. How much cost including lawyer fees?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

For filing and prosecuting a utility patent you should budget at least around $10,000.

It may be higher if the filing is in an international market.

Consult an attorney to understand better your best approach.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Copyright and Internet Law for Virginia on
Q: There is a website using my pictures without permission. What are my options?

I was asked by the founder of a dog rescue to maintain her website. In two years of maintaining that website, I had also taken pictures of the dogs and volunteers at the rescue. Since I was maintaining the website I posted those pictures on the website. The founder all of a sudden, with no... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You can try asking her formally to remove the pictures as they are your property.

Your legal option is possible to sue. Expensive though.

You can recover damages caused by him using the pictures without your approval, but you have to prove that.

You can copyright the photos...
Read more »

1 Answer | Asked in Copyright, Business Law and Trademark on
Q: My company offers services similar to that of, a federally trademarked name of another company. Must I change names?

My company offers services similar to that of, a federally protected trademarked name. Both "Aftermath"(trademarked) and "Aftershock"(my company) begin with the same word, have two syllables, and leave the same commercial impression. Because of this, Aftermath is telling us we need to change our... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

Tough spot.

It will depend on your ability to defend yourself.

And whether they are serious in coming after you. It will take them a lot in attorney fees to do that.

The easiest and simplest way to deal with this is to change your name.

2 Answers | Asked in Copyright and Trademark for California on
Q: What is the process for making an idea become panted?
Robert Philip Cogan
Robert Philip Cogan answered on Oct 5, 2019

All the information you seek will likely be found at www.USPTO.gov.

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Hi How much do you charge for getting me a trademark registered'
Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

If you need a trademark availability opinion before you register, that is $800 including the third-party fees. If you need trademark registration, that is $1200 including USPTO fees

1 Answer | Asked in Copyright for Florida on
Q: A teacher wants to place a .pdf of an article he cowrote in his online course, does he need permission of the coauthor?

Or is this a copyright violation?

Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

I assume there is no written agreement between the authors. The terms of the rights between authors would be implied from the circumstances. These matters are usually about how much risk, rather than absolute answers. The good news is that educational use (commercial; no royalties or license... Read more »

2 Answers | Asked in Copyright for California on
Q: I’m looking to copyright a brand. I searched and there is currently a copyright for the same name already.

However, they are a bar/food copyright. I’m looking for a catering/clothing brand. How would this work?

Jason Brooks
Jason Brooks answered on Sep 30, 2019

I think you are confusing copyright with a trademark, as what you are describing sounds much more like you are looking to trademark the name of of your brand. In such a case, registration applications are filed with the US Patent & Trademark Office for the mark you are intending to use and protect.... Read more »

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1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Who owns this trademark? Urban genius ??

I also have an LLC by the name of urban genius LLC registered one 3 states

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

As far as trademark use is concerned, the name of the company may not have an effect on it.

Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.

Registration gives presumption of ownership, but it is rebuttable.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I would like to have a hard copy of a patent I originated. How much does that cost?

Worked for Lennox Industries for 19yrs; this was my final project. Even the events to my termination were questionable; at best, in my estimation.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 28, 2019

Congratulations on being an inventor on a US patent. You can download a PDF of the patent at https://patents.google.com/patent/US10337727B2/en?oq=10337727 and then print the patent out.

If you want the patent on some thicker stock, you can buy one from the USPTO for $3. I have not done...
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1 Answer | Asked in Copyright, Gaming and Trademark on
Q: Can I create a game on Google Play called Spatial Temple Run? Will it infringe Temple Run trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 26, 2019

I would strongly recommend to be cautious.

You should do a search and analysis of the existing trademarks and potential risks.

Make an appointment, get a consultation before you spend money and potentially get in trouble.

1 Answer | Asked in Copyright for Arkansas on
Q: Is it legal for me to copy or nearly copy a website's functionality and folder structure if design, code, layout is mine
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2019

it will depend if there are elements that can be protected by other filings or registrations like patents and such.

If the website is so unique that you are asking yourself these questions,there may be something to be worried about.

You should call for a consultation to review the...
Read more »

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