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We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More 
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answered on Jul 19, 2024
When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More
answered on Jul 25, 2024
Based on the information provided, here's an analysis of your plan to relaunch a brand/product inspired by a foreign company's product that is no longer sold in the U.S.:
Current Trademark Status
The original trademark is set to expire soon with the USPTO and is in its... View More
I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.
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answered on Jun 9, 2024
There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:
1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered... View More
I have a product that saids Decodable booklets | Science of Reading Aligned
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answered on Dec 28, 2023
When creating and selling digital products on platforms like Teachers Pay Teachers, it's important to be mindful of copyright and trademark laws. If you're using the phrase "Science of Reading" in your product title, such as "Decodable booklets | Science of Reading... View More
I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More
answered on Apr 3, 2023
Generally, if an employee's creative works constitute "work made for hire," those works belong to the employer. Then the employer has the right to use (and control the use of) the works. However, an attorney would need some pretty specific information to be able to determine which... View More
I managed a construction industry training program for installers. We marketed training, coordinated venues & delivered the training. I used a Facebook page I started for the purpose. This was approved and accepted by association for 15 years. I took pictures of classes, students with their... View More
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answered on Apr 6, 2023
Under trademark and copyright law, ownership and use of intellectual property such as logos, names, and images can be a complex issue when it comes to social media accounts like Facebook pages.
If the Facebook page you created for the construction industry training program included any... View More
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... View More
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answered on Jan 24, 2023
Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... View More
Developer is having financial issues and has begun selling our drawings to buyers of their lots and allowing them to bring in their own construction company to build house. This was not our agreement. We have no control over the construction phase using our drawings which may or may not be latest... View More
answered on Jun 15, 2022
Check your contract. Depending on your payment, you may have released your rights to the other company.
You may have the right to contract independently with the home owners.
Consult with an attorney.
Is it legal for them to post it on Facebook. It technically doesnt show the actual private part but pretty close. Or when i sent it to them thru text was that consent enough.
answered on Jan 15, 2021
Your ex is committing a felony in Idaho, called Video voyeurism.
Idaho Code says:
A person is guilty of video voyeurism when:
(a) With the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade, he intentionally disseminates, publishes or sells... View More
I just wanted to do a informative post about plants. The pot is just a big part of my photo I wanted to make shure it was fair use they dont give any one permission to take photos I bought the pot my self but is it considered a prop
answered on May 2, 2020
Is there something distinctive about the pot that makes you worry? If it has trademarks or other brand related markings, you may wish to see how best to remove those. For example, are you able to edit the photograph so that the pot is not prominent? Can you make the pot portion of the photograph... View More
I wanted to use the words for a college poster project that will only be seen by the teacher
answered on Apr 10, 2020
You probably mean Trademarked.
It will depend on what you plan to use it.
If it is an internal project, not in commerce, your risk is rather low.
Consult an attorney.
I am a choreographer that creates competitive shows for High school dance teams and color guards. These groups learn their show to a specified piece of music and compete within the US to that music during a season. Usually they perform the show 5-10 times and make no money off of this. They... View More
answered on Mar 26, 2020
For the music, depending on which you do, you could get a license from the recording copyright holder.
Check the manager of the rights, there are agencies that focus on that.
They offer different pricing depending on the use.
Once you have that, assuming no other IP issues,... View More
Will you please Google this to see what I'm seeing?
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answered on Feb 11, 2020
You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration,... View More
This seems odd that a pre-existing property that pre-dates this copyright registration by an American company would be at any risk for legitimate lawsuit. How can an existing intellectual property be registered to a company whom has no legal contract or agreement with said owners, and furthermore... View More
answered on May 3, 2019
You ask a very interesting question, but unfortunately, it is laden with too many factual issues to provide a clear answer. Your best bet is to study copyright infringement, and when derivative works are insufficiently indistinct from the original source material. There might also be contractual... View More
answered on Apr 11, 2019
You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.
I was pulled over for having a license plate light out and issued a DUI. I was not arrested but car was towed and impounded, and later searched. I have contacted them several times about getting my hard drives and computer out of the car because I am a professional photographer and I'm already... View More
answered on Jul 25, 2018
Contact an attorney experienced in DUI in the county where you are charged. You'll need him for the DUI and she can advise you on this aspect. They'll work out payments.
answered on Jan 29, 2018
Generally speaking, if it is just one person who has not do anything in furtherance of actually stealing, then no, it isn't illegal -- i.e. it isn't a illegal to just have the idea in your head, you have to take some sort of action to accomplish the goal (e.g. downloading or copying the... View More
answered on Dec 15, 2017
I was recently addressing this very issue in my business law class. The short answer is yes, anytime content is put down in a tangible medium, including social media, it receives copyright protections. The interesting twist is that some social media sites have tried to claim that they hold the... View More
If yes, what kind of damages can i expect?
answered on Apr 26, 2017
Yes, that sounds like copyright infringement. Statutory damages for copyright infringement range from $750-$150,000 if the work was registered with the U.S. Copyright Office before infringement or within three months of the creation of the work. In order to get a better idea of what is a... View More
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