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Kansas Copyright Questions & Answers
1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
James L. Arrasmith
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answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

1 Answer | Asked in Copyright, Education Law and Intellectual Property for Kansas on
Q: are photos saved to a school account on a school device protected by 1st amendment?

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James L. Arrasmith
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answered on Feb 21, 2024

The First Amendment protects freedom of speech and expression, but its application in specific contexts can vary. When it comes to photos saved to a school account on a school device, the situation may not fall squarely within the realm of First Amendment protection. Schools often have their own... View More

4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Michael Ray Smith
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answered on Jun 9, 2022

Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.

When you ask if you need to "trademark" your brand name and logo, what you are really...
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1 Answer | Asked in Copyright for Kansas on
Q: Is 'pusheen' emoticon available for Fair use?
Michael Zamzow
Michael Zamzow
answered on May 28, 2021

That emoticon, like most emoticons, is likely licensed to the users of apps that allow users to post that emoticon. It is probably not available for commercial use, but the license might extend to other uses, contact an intellectual property lawyer in Kansas City, MO to discuss the ins-and-outs.

1 Answer | Asked in Copyright for Kansas on
Q: I have a question about "fair use" I think. I am wiring a sports biography, including a few newspaper stories.

Each story, in my book, has the name of the newspaper, name of reporter, Page No. and date. Then the story itself. Do I need to have permission from the newspaper? I have verbal permission, but I got that 20 years ago (I wrote the book 20 years ago, I am just now getting it published), and the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 13, 2021

be careful

if you are reproducing the whole article you should consider seriously getting permission

your risk is very high

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... View More

Barbara Berschler
Barbara Berschler
answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... View More

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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Kansas on
Q: Can i incorporate the use if one patent (ie toy ) as primary subject in another patent if outcome provides new service

Move object from point A to point B using a patented toy to made life easier

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 29, 2019

Many patented processes use patented components in the process. Sometimes the company seeking the patent on the process owns the patents on the tools or components used in the process, sometimes they do not. It does not matter.

That said, your own idea will need to meet the test of being...
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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?

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Q: Would this be copyright infringement?

I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but... View More

Griffin Klema
Griffin Klema
answered on Apr 9, 2019

You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike... View More

3 Answers | Asked in Copyright and Intellectual Property for Kansas on
Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?

Hello,

Thank you in advance for your time.

Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 1, 2019

You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kansas on
Q: I am looking to publish a family history and genealogy using an aerial photo of the family farm as the front cover.

I can identify the photography company, but have not been able to locate them through state and library records. The picture was take in 1955. I doubt I'm going to sell many copies, but am concerned about copyright infringement.

Griffin Klema
Griffin Klema
answered on Mar 18, 2019

This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or... View More

1 Answer | Asked in Copyright and Trademark for Kansas on
Q: This area isn't even remotely large enough for my question refer to more details section below please.

I am from Kansas. I am going to start a citizen journalism youtube channel. Do I need to copyright or trademark the name 'The Citizen journalist'. I was told that if commerce happened under the name that it is auto trademarked to me, is this true? If commerce under the name does lock... View More

John Espinosa
John Espinosa
answered on May 22, 2018

You are talking about the difference between a common law trademark and a registered trademark. Different things with different rights and requirements. Here is a helpful resource: https://www.upcounsel.com/common-law-trademark

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... View More

Benton R Patterson III
Benton R Patterson III
answered on Apr 17, 2018

If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?
Griffin Klema
Griffin Klema
answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within...
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1 Answer | Asked in Copyright and Education Law for Kansas on
Q: Can US students legally purchase international editions of textbooks?

Looking for an alleged 1998 SCOTUS decision on the issue but can't locate. Claim made by secondhand textbook retailers but not substantiated by any evidence I've seen yet.

Will Blackton
Will Blackton
answered on Jan 28, 2017

To answer your question: Yes, US students may legally purchase international editions of textbooks. It's really the -seller- of international textbooks that must invoke the first-sale doctrine to protect their activities, but the Supreme Court recently decided that they may.... View More

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