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Georgia Copyright Questions & Answers
1 Answer | Asked in Copyright for Georgia on
Q: If a Clothing company takes my last name as their trademark is there anything I can do.
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

Depends

If your name is so unique and you are very famous, think Kardashian, then yes you could do something.

If the name is their name as well, it is common or can be a made up name, you may have more difficulty, specially if you are not using it in the context of clothing....
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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Can I "tease" a small portion of a melody from a movie soundtrack in a guitar solo to a rock song?

Specifically, my song is in part about Harry Potter, so in the blues solo I am writing I want to play the first 4-6 notes in a lick repeatedly with different rhythms, sometimes in the correct order and sometimes not, never in the same rhythm as the soundtrack. My goal is to get just close enough... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

don't. don't try.

there are tons of cases similar to yours in litigation.

what you just described is the core of their litigation, people confuses it with the original work.

www.legalbizglobal.com

best luck

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

Jason Brooks
Jason Brooks answered on Jul 31, 2019

Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: If the trademark is abandoned does that mean someone could still use the name
John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Georgia on
Q: Patent # 9,488,903 how do I know what I need to avoid replicating to reproduce a product similar to such stated in this
Peter D. Mlynek
Peter D. Mlynek answered on Jun 19, 2019

Well, you are going to have to hire a patent attorney to give you an idea if what you want to do infringes or does not infringe on that patent. The patent attorney should also be able to let you know how to do what you want to do without infringing on the patent.

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1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on
Q: What's does domestic profit corporation mean?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 5, 2019

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... Read more »

1 Answer | Asked in Estate Planning, Consumer Law, Copyright and Criminal Law for Georgia on
Q: Can I use e plurubus Unum as name for my brand as long as it don’t contain the logo
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2019

You should check if it is registered already.

If it is not, you may get it, depending on what it is used for.

Most government names, brands, documents, etc. are not registered.

They may have security protection, but unless that is the case, or are other requirements for...
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1 Answer | Asked in Business Law, Contracts, Copyright and Intellectual Property for Georgia on
Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

I have an inquiry about a business person who wants me to sign a trade secret document before getting out of our partnership (in which we haven’t signed anything and haven’t developed any specific implementation, just ideas through brainstorming deriving from known methods - there's also no... Read more »

Griffin Klema
Griffin Klema answered on Feb 13, 2019

That's a complex situation. Without any formal company, you may both be operating under what is called a general partnership (but this should be addressed more conclusively by a Georgia lawyer). Even aside from the trade secret contract, to avoid incurring liability by your partner, I strongly... Read more »

2 Answers | Asked in Contracts, Copyright and Family Law for Georgia on
Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

I have an inquiry about a business person who wants me to sign a trade secret document before getting out of our partnership (in which we haven’t signed anything and haven’t developed any specific implementation, just ideas through brainstorming deriving from known methods - there's also no... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Feb 13, 2019

This is not a family law question and has been addressed to the wrong forum.

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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I want to know if this site is legit. https://www.zpublishinghouse.com/pages/about-us

Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us

In where they asked if I wanted to submit my poems for potential entry into their... Read more »

Jason Brooks
Jason Brooks answered on May 31, 2018

The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov

You don't need to indicate a copyright notice...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for Georgia on
Q: How would I go about obtaining the copyright to an old abandoned game?

The trademark was abandoned by Microsoft in 2015, and the company that developed the game, Artoon went defunct in 2010.

And further more about how much would it cost to purchase something like that?

Jason Brooks
Jason Brooks answered on May 14, 2018

Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have the... Read more »

1 Answer | Asked in Copyright for Georgia on
Q: Trademark Question: Classes

Hi. I wanted to register a trademark and wanted to know if I wanted to use it for selling clothing and a Magazine, would these be two separate classes?

Benton R Patterson III
Benton R Patterson III answered on Mar 20, 2018

Yes, clothing and magazines are in two different trademark classes.

1 Answer | Asked in Contracts and Copyright for Georgia on
Q: Are photographers owners of their photos if there is no written contract?

I had a recurring client for about a year and we've always had verbal agreements, no written contracts. The client now owes me money for services rendered and refuses to pay due to an issue they has with me personally. They've threatened me with legal action, requesting that I remove all of their... Read more »

Will Blackton
Will Blackton answered on Feb 23, 2018

Who owns the photographs? It depends.

Could you be considered an employee?

Any copyrightable work created by an employee acting within the scope of his or her employment is a “work made for hire.” The parties do not need to address works made for hire in their employment...
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1 Answer | Asked in Copyright, Trademark and Consumer Law for Georgia on
Q: I would like to purchase keychains online, and resell them in a store. Is this okay if they have a trademark?

The key chains are all trademarked or copyrighted by companies like Marvel, DC, or other entertainment businesses.

Benton R Patterson III
Benton R Patterson III answered on Dec 26, 2017

Yes, you are free to resell what you lawfully purchase.

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Can a business use a trademark that is registered by another company for an unrelated product classification?
Benton R Patterson III
Benton R Patterson III answered on Sep 6, 2017

Generally, it depends on how unrelated the two products are. For a basic word mark, if company A sells lumber, company B should avoid using the same word to sell construction services or furniture because these may be natural extensions of company A, even though the products are different. If... Read more »

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I have an inquiry about Copyright and or Trademark infringement. Please see details.

A friend of mine is a fight promoter for a local boxing club. There is an admission charged to see the fights, and there are concessions sold. For the moment, the money from ticket and concession sales is only enough to cover his overhead. He was telling me that he was considering setting up an... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 17, 2017

This comes up all the time for bar owners. Your friend has to purchase a commercial license to show the PPV broadcast. Commercial licenses are more expensive than personal licenses. The prices are typically tied to the size of the venue or the number of people attending. He would need to... Read more »

1 Answer | Asked in Copyright for Georgia on
Q: I wanted to write a book based off of teachings and principles of someone else teachings.

He is a famous pastor and I wanted to know how do I properly give him credit? I want to put my personal experience on the information he gave, as well as add my own principles. How do I do this the correct way?

Will Blackton
Will Blackton answered on Jun 29, 2017

Ideas themselves are not subject to copyright protection, however, the creative expressions of those ideas are protectable. If you're using creative content that was written or spoken by the pastor, then you probably need permission or a license to use his work. Merely crediting the pastor with a... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: If I wanted to make a free fancomic based off a certain Marvel superhero, would that be a violation of copyright ?

Again this would be completely non-profit and open to the public. I was thinking of having it posted on a free webcomic site. The only thing is that the content would contain some reimagined versions of Marvel's characters and locations.

Will Blackton
Will Blackton answered on Jun 28, 2017

Fan fiction is generally considered derivative work, which only the original author may lawfully produce. So, you can be sued for producing fan fiction. Actively making money from writing fan fiction merely makes you more of a target for being sued, however, it's not a necessary component to a... Read more »

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I'm trying to start a t-shirt business and do not want to commit copyright infringement.

I have modified a collegiate logo, but people will still associate it with the college (that's the point). I just want to figure out whether I will get in trouble or not. I can send a picture of the logo to you if you can help me! Thanks!

Will Blackton
Will Blackton answered on May 25, 2017

If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost... Read more »

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