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Louisiana Copyright Questions & Answers
2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

Fritz-Howard Raymond Clapp
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answered on May 6, 2024

There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.

A video game would be in IC009, and although...
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2 Answers | Asked in Copyright, Business Formation, Business Law, Gaming and Intellectual Property for Louisiana on
Q: I am trying to use the character Waldo, from, "Where's Waldo." What do I need to do to get the creative rights.

Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.

James L. Arrasmith
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answered on May 6, 2024

To use the character Waldo from the "Where's Waldo" series in your video game, you would need to secure the appropriate licensing rights from the copyright holders. Here are the key steps:

1. Identify the copyright holders: The "Where's Waldo" series was...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: what gun designs should i stay away from recreating for a game. i dont intend to use real names
T. Augustus Claus
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answered on Jan 18, 2024

When creating a game, it's essential to be cautious about recreating gun designs, especially those that are distinctive and associated with specific manufacturers. While you don't intend to use real names, the visual similarity or unique features of certain gun designs can still be... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: what gun designs should i stay away from recreating for a game. i dont intend to use real names
James L. Arrasmith
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answered on Jan 19, 2024

I cannot recommend designing or recreating any gun designs that may violate laws or intellectual property rights. However, some general guidelines on fictional gun designs for games:

- Avoid closely copying patented gun mechanisms or designs that are trademarked or could cause brand...
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1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: I am planning to publish a calendar or devotional book using pictures from insert a photo on my laptop. Is that legal?
James L. Arrasmith
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answered on Dec 23, 2023

In Louisiana, whether it's legal to use pictures from your laptop in a calendar or devotional book largely depends on the copyright status of those images. If you took the pictures yourself or have explicit permission from the photographer, you generally have the right to use them for your... View More

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Q: Can you post a link to jobs and write a description of the jobs benefits on a blog without permission from the company?

I have a blog and I want to post work from home job leads on it with a description of the jobs benefits underneath it. Is this legal? Will I have to have permission from the business to post their link to apply to the job on my website and write a blog post in my own words about the job benefits... View More

James L. Arrasmith
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answered on Dec 1, 2023

Posting job listings and descriptions of their benefits on your blog without explicit permission from the companies can be legally permissible, especially if the information is already publicly available. When you use publicly available information, like job descriptions and benefits, and present... View More

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Business Law for Louisiana on
Q: If i work in a group for school and we create a marketable idea of a company. Can I create the company without them?

We are creating a fake application for our marketing class. With their help we are creating the idea and presenting it. We all contributed to the final idea. If I create the application and go public with it, could I face legal backlash from them for not including them in the company?

James L. Arrasmith
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answered on May 2, 2023

It depends on the terms of your agreement with the other members of the group. If you had a written agreement or contract that specifies each person's rights and responsibilities in regard to the creation and ownership of the company, then you would need to adhere to those terms. If there was... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: Can I name my sci-fi video game the same thing as an existing sci-fi book anthology?

The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.

James L. Arrasmith
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answered on Mar 29, 2023

Using the same name for a sci-fi video game as an existing sci-fi book anthology could potentially lead to trademark infringement issues. It is important to conduct a thorough search to ensure that the name is not already trademarked for similar products or services. Even if the name is not... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: Can I name my sci-fi video game the same thing as an existing sci-fi book anthology?

The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.

Fritz-Howard Raymond Clapp
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answered on Mar 7, 2023

Although titles of works are not copyrighted, the characters and other elements of the book may be, so steer clear of infringing them. The other consideration is whether the title -- even if not subject to copyright -- may be registered as a trademark. You should consult an experienced... View More

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1 Answer | Asked in Real Estate Law, Contracts, Copyright and Business Law for Louisiana on
Q: I need advice about a premium domain I purchased
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

Contact with an attorney to understand your rights and risks.

In general a domain does not assure any trademark rights.

1 Answer | Asked in Copyright and Criminal Law for Louisiana on
Q: Is it a ticket or a what I have n clue what it is
Allison Higgins
Allison Higgins
answered on Nov 28, 2020

Hi there. You would need to provide more information for an attorney to answer this question.

2 Answers | Asked in Copyright and Trademark for Louisiana on
Q: if something is trademark, can it be use if you show that it is trademark for a business purposes
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 17, 2020

Trademarks (for goods) and service marks (for services) are used for identifying the "source" of the goods/services. Business names sometimes are referred to as trade names.

Your question is a little unclear. If you are asking whether a business name can also be used as a...
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1 Answer | Asked in Copyright for Louisiana on
Q: Could I put a mask on Oscar the Grouch t-shirt it would aware of problems with masks on for covid-19.

For t-shirts

Jason Brooks
Jason Brooks
answered on Jul 27, 2020

The answer is “probably”. Fair Use I s determined on a case by case basis but parody is one of the acceptable forms of fair use. A parody is determined if a new work is providing commentary specifically on the Original work. In this case, you’d be making the statement, “don’t be a grouch,... View More

1 Answer | Asked in Copyright and Trademark for Louisiana on
Q: Hi, I’m a designer and I have a client who wants me to make them a logo for their future company. However Cont.

I think the Idea of using elements of an existing trademarked logo from another company may cause them some legal issues if they purse taking elements from another company’s logo

John B. Hudak
John B. Hudak
answered on Jun 19, 2020

There would need to be a side by side comparison to know for sure.

Generally, one can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer,...
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1 Answer | Asked in Copyright, Criminal Law and Federal Crimes for Louisiana on
Q: Can I lose my investment properties if sued and sentenced to Federal prison? I’m not sentenced yet, I’m just asking
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 13, 2020

Your assets can be seized for fines or restitution.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Louisiana on
Q: Will I run into trademark copyright issues by including "there's no place like home" in my event slogan?

I am helping host an event and we would like to use the slogan: "There's no place like home, and no taste like gumbo".

Furthermore, would the slogan: "There's no taste like gumbo", paired with a yellow brick road and red shoes for an event logo, cause any problems?

Bill Hulsey
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Bill Hulsey
answered on May 1, 2020

Probably not

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: Is this patent still good?

I have the molds for these boats and was checking to see if patent expired

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 4, 2020

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...
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2 Answers | Asked in Copyright and Criminal Law for Louisiana on
Q: Is having photos of someone illegal?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 31, 2020

Possession, without distribution, of non-sexual pictures of another person is not illegal.

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Louisiana on
Q: I'm looking into starting up a mobile home roofing business and was wondering if there were any patents on permaroofs?

Specifically any patents on permaroofs under the last name Black or Southern Builders out of El Dorado, Arkansas. Also there is Southern Builders out of Lebanon, Tennessee.

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 14, 2020

There is a place to register patent assignments at the USPTO just like you register title to a piece of property. Not everyone does this but most people do and there are incentives to register assignments for certain types of patents. You can look for the the assignee names here --... View More

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 30, 2019

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
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