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Illinois Copyright Questions & Answers
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, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

2 Answers | Asked in Contracts, Copyright and Civil Litigation for Illinois on
Q: Do I have any right to photos taken for free?

My sister took my wedding photos for free as a “gift”, but since then has decided she’s not going to give them to me. She won’t talk to anyone or listen to anyone who asks her for the photos. Many family members have offered to pay to see the photos but she refuses. We were married in a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Unfortunately, no. The law does not provide for any way to enforce unkept promises unless there was an agreement and unless both sides received consideration. I suggest you try to compromise and at least pay the photographer something--because the photos are hers.

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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Q: I am building an ecommerce website similar to Amazon, allowing third-party sellers, etc.

For the media items, like movies & tv shows, I have embedded trailers from YouTube into the listings. According to YouTube, as long as videos are embedded and not copy & pasted, this is perfectly acceptable, allowable, and legal, found here: https://support.google.com/youtube/answer/171780?hl=en .... Read more »

Griffin Klema
Griffin Klema answered on Apr 16, 2019

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...
Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I want to file a patent with Bridgestone in Belgium to offset dimple the existing cushion sidewall gum 6302444357

Professional engineer

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 12, 2019

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... Read more »

1 Answer | Asked in Copyright and Entertainment / Sports for Illinois on
Q: Is viewing a movie from a streaming sight illegal? Owning no copy of the movie.
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 27, 2019

Very possible.

If the streaming site is not licensed you may be contributing.

Stick to official channels and pay, it is not worth the risk

1 Answer | Asked in Business Law, Copyright and Criminal Law for Illinois on
Q: Is there a way if I register myself as a business and trademark/copyright myself as the business as an artist/musician

Can I some how own guns being a felon but only to protect myself being the business. Or would I have to file and ask a judge about it and give them my specific reasoning for why I want to be aloud to own them and take them safely with me after trained in concealed carry classes, that way any kind... Read more »

William Wolf
William Wolf answered on Dec 25, 2018

The laws vary from State to State, but in Illinois, if you're a convicted felon, you can't have a gun, period.

You would need to hire a security guard.

1 Answer | Asked in Copyright, Civil Rights and Native American Law for Illinois on
Q: Could I sue someone for using a logo that's part of my religion

Logo is demeaning to my Race. A misuse of it's sole purpose and descrimnates my heritage and culture as a Native American

Gary Kollin
Gary Kollin answered on Oct 21, 2018

You can sue for anything. Whether it will be a viable suit or have any legal merit is another thing.

Sounds like you want to sue the Washington Redskins. Read (google) all the articles. Do you think there is a reason no one else is suing?

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: If I were to make an app/webpage that used the left and right swipe method could I be sued?
Kevin E. Flynn
Kevin E. Flynn answered on Oct 3, 2018

Your question is a patent question not a copyright question. What you are asking is whether there is any patent where you plan to operate that would cover left and right swipe. This is known as a freedom-to-operate question. In other words do you have freedom to operate as you plan or is there... Read more »

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: Would I be infringing on Hasbro, Inc. for using "Connect4" or "Connect "Four"" to use for a game for a trade show?

I have a big show (100,000+ attendees) coming up for contestants to win a certificate if they happen to win on a larger version of the Connect4 game. I am making up a sign to use for this game, but do not want to infringe on any trademarks.

The slogan we are wanting to use is "Connect4... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.

This means that Hasbro does l not have trademark protection during this pending period. If they started using...
Read more »

1 Answer | Asked in Copyright for Illinois on
Q: I sell custom apparel online. To what extent am I responsible for researching copyright infringements?

Occasionally, I have customers upload artwork that includes trademark or copyright images. I do not profit from using their images since I charge the same price for the custom apparel, regardless of what they want on it. I do not sell these in bulk or to resellers - they are usually one-offs. Am I... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jan 2, 2018

Yes, you could be sued for copyright infringement by creating custom apparel with content that infringes someone else's copyright or trademark. Even if you made no money, it would still be infringement. You should set up a process to ensure you do not create such products.

1 Answer | Asked in Copyright and Family Law for Illinois on
Q: So there is "grandparents rights" but not aunt rights?
James G. Ahlberg
James G. Ahlberg answered on Dec 17, 2017

That pretty much sums it up.

1 Answer | Asked in Copyright for Illinois on
Q: I manufacture paper placemats can I use typography without a license from Font owner? I did buy the font software.

I keep reading online that you cannot copyright typography, just the font software is that correct, the font owner is telling me i have to buy a commercial license to use her fonts in my designs? Not sure if they just want me to purchase an expensive licence or what?

Thank you!

Benton R Patterson III
Benton R Patterson III answered on Sep 18, 2017

You may be free to use the typeface if you do not use the font software to create the typography. If you do use the font software to create the typography, then you likely will need to purchase an expanded license. Also, the terms of your current font software license may have certain contractual... Read more »

1 Answer | Asked in Copyright for Illinois on
Q: If I purchased music, can I sell a DVD with that music in the background?

I'm running an online business in personalized video creations (photographs with music in the background). I have an itunes library of all the music I've purchased and I'd like my customers to be able to choose from them, or pick other musical selections that I would then buy from the itunes store... Read more »

Mark A. Baker
Mark A. Baker answered on Aug 25, 2017

Your use of others' music as you describe would be considered copyright infringement. When you purchase and download a song from iTunes, you only have the right to personal use of the song, and not the right to "copy" of otherwise "distribute" it, which is what you're doing if you're adding music... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I want to trademark UNLABELED FOR my clothing brand. Is it already taken ?
Griffin Klema
Griffin Klema answered on Jun 11, 2017

You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you pursued a trademark... Read more »

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Business Law for Illinois on
Q: Does this make asking Pokémon fan art on etsy legal? http://nintendonews.com/news/wii-u/creative-endorsement-program/
Will Blackton
Will Blackton answered on May 1, 2017

That press announcement does not. It states that fans are allowed to upload derivative works of Nintendo's IP to the Japanese video streaming service Niconico at http://www.nicovideo.jp/ and not anywhere else, like Etsy.

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Who is the primary owner of intellectual property; the person who had the idea or the person who built it?

I currently have an idea for a new app. However I currently lack the technical skill to create it, and I am considering finding outside assistance. In this case, would I be the primary owner of the enterprise or would credit go to the person who had the skill to take the idea and turn it into a... Read more »

Will Blackton
Will Blackton answered on Apr 30, 2017

The contract between you and the person who creates your app, as crafted by an attorney, would define who owns the underlying intellectual property. Absent contractual agreement and any real participation on your behalf, other than supplying the idea, if you're seeking to copyright the code of... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Illinois on
Q: Hello! I am a freelance journalist who will be starting a regular column with an independent website.

I'd like to title my column "7upandwine" and have a correspondinge website "7upandwine.com" -- Would including "7up" in my column name and website open me up to legal response? For example does it infringe on some kind of copyright law? I'd eventually like to syndicate this column, so I want to be... Read more »

Susan M Hankins
Susan M Hankins answered on Dec 1, 2016

Potential Trademark violation. I would expect a response. You could ask for permission and at least display their trademark with the term 7up.

1 Answer | Asked in Copyright for Illinois on
Q: Can I use two words from a song lyrics as my business name legally?
Adam Studnicki
Adam Studnicki answered on Jul 31, 2015

Possibly. Without more information, the question is theoretical.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
Read more »

1 Answer | Asked in Copyright for Illinois on
Q: Can I freely use quotes from facebook, tumblr, or pintrist, in a book that Im writing?
Ray Beckerman
Ray Beckerman answered on Sep 5, 2014

Not 'freely'. You would certainly run into some copyright questions. There might or might not be fair uses in your use of the quotes, which would be a defense to liability, but I would need to review each quote and the context and manner in which you use it.

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