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Minnesota Copyright Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: Are there certain handmade macrame styles/ designs patented that others can't practice and sell? Is there a listavailabl

Can I make and sell macrame products learn from media and macrame books to sell? If there are patented designs, how do I check to avoid using it for business?

James L. Arrasmith
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answered on Oct 15, 2023

Macramé, as an ancient form of textile craft, has countless designs and patterns that have been practiced for centuries. Many basic macramé designs are likely not patented due to their age and widespread use. However, specific modern designs or innovative techniques might be protected, not... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

James L. Arrasmith
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answered on Aug 29, 2023

If you've undergone a name change for your adult video game, you'll likely need to file a new trademark application, as significant amendments to the mark itself are generally not permitted under existing applications. Given the specific industry you're in, make sure the trademark... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The proposed mark should be carefully researched to assure that it is not confusingly similar to any other mark already used in gaming, then an intent-to-use application should promptly be filed before the game is actively marketed. It may also be wise to include a graphic element to a text-only... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: Can a theme of a business mention another business name or products unrelated to the industry?

I’d like to start a car-themed coffee company which would include images, logos, and names of car manufacturers. Would I need the permissions of the companies first?

James L. Arrasmith
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answered on Mar 29, 2023

Using the images, logos, and names of car manufacturers in a car-themed coffee company without their permission could potentially be a trademark infringement. It is advisable to seek legal advice or contact the car manufacturers to obtain their permission before using their trademarks or... View More

1 Answer | Asked in Copyright for Minnesota on
Q: What does "that the material was removed as a result of mistake or misidentification of the material to be removed" mean

I am currently drafting a counter-response to a copyright infringement notice about a torrented file and must write "Your statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 3, 2022

You should consult with an attorney.

1 Answer | Asked in Copyright for Minnesota on
Q: Can someone copy portions of a documentary I produced and use it in their own documentary, claiming fair use?

My production company paid for and filmed a documentary that was then posted on our website and youtube page. Another company has produced their own documentary and has used portions of mine (audio and visual) without permission and are now claiming they are protected under fair use (news... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 23, 2021

Maybe, depends.

Depends on the amount of material they are taking.

You should consult with an attorney.

3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...
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2 Answers | Asked in Copyright and Intellectual Property for Minnesota on
Q: I resell phone cases with animetrd pictures of popular band can I be sued for copyright infringement

And does the fact that they are band is based in another country change things

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 29, 2021

If you do not have a license to put the band there, yes you could be sued.

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2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Minnesota on
Q: if copyrighted music is in a game, and you upload a video of the game with the music, is there copyright infringement

i had uploaded a video on youtube of beatsaber, in it there was copyrighted music, i got a claim from the music owners, i took the video down and deleted it, what can i do in the future to avoid copyright claims if there is copyrighted music in the game

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 12, 2021

Check with the music owner and see if they have distribution agreements.

You may be able to get some simple licensing to allow to do what you want.

Consult with an attorney for a better analysis.

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1 Answer | Asked in Copyright for Minnesota on
Q: I created a painting inspired by a NASA image (not a copy). If I sell it, is this copyright infringement?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 12, 2021

You may be in luck.

Check NASA terms of service and if NASA is the ultimate owner of the images.

In general, check NASA terms, most of the content from federal government agencies is freely available to the public.

Consult with an attorney.

1 Answer | Asked in Copyright for Minnesota on
Q: Pending Motion for Reconsideration of Judge’s order.

I have a Motion for Reconsideration pending with respect to a Judge’s order. Does that pending motion ‘stay’ the current order?

William Bailey
William Bailey
answered on Nov 24, 2020

Typically no, it would not stay the Order.

2 Answers | Asked in Copyright for Minnesota on
Q: Does quoting a source for a history book infringe on its copyright?

I am writing a book on Native American battlefields in the Midwest. Some of my source books have statements such as “No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 18, 2020

It may be "fair use". However, certainty of not having a conflict can be. by getting permission.

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1 Answer | Asked in Copyright for Minnesota on
Q: Can I be sued for using a company’s pictures from their website if they sell me their product at wholesale to sell mysel

I dragged pictures from their website and I Pasted on tineye and nothing came up but on google images the company comes up

Barbara Berschler
Barbara Berschler
answered on May 7, 2020

Just because you are selling their product does not necessarily give you the right to use any of their materials. If you have an agreement with them about the resales, check it to see if this subject is covered. Also, check the Terms of Use provisions on their website. Likely they cover use of... View More

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: Is the cease and desist order I was sent an actual legal document, and is it a baseless claim or not?

I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... View More

Jason Brooks
Jason Brooks
answered on Mar 22, 2020

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs...
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1 Answer | Asked in Copyright for Minnesota on
Q: Are the advertisements in newspapers (pre-1923) in the Public Domain? Can they reproduced in a book?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 28, 2020

Do a thorough check but many things from the 1920s and before are now in public domain.

BUT BE CAREFUL.

The actual words and postings from the newspaper may be public domain. IF YOU take them from a recent source, like a book, website, etc. THERE MAY BE a copyright covering the...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: Would a US Patent only cover my rights in the US or could I use a patent cooperation treaty with a US patent to further

Protect my rights.

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Jul 22, 2019

A US patent is valid only in the US. You can use a PCT application, if you are still within the time limits, to file in other PCT countries. That requires a new application.

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Q: Does this form of business protect my right internationally, to say I patent articles under the name of the corporation
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 8, 2019

We do not have an option for an international patent. (Yes, I know many people write that they have an international patent, but they are wrong). We have a type of patent application that is the front end for many patent system. This is called a Patent Cooperation Treaty Application (PCT... View More

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and DUI / DWI for Minnesota on
Q: If a cop gets info.from another person that I was driving my car home drunk from the bar,is it legal for the cop .

That mind you .didn't pull me over .or see me driving,to come to my house a half hour later and give me a DUI and tow my car right out of the driveway,no keys in vehical or on me ,also revockef my lisence for refusel,when he got my numbers reading were high but I still wasn't driving.

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 5, 2019

As I mentioned in my other answer to your similar question, that case would be weaker than the normal case where the police officer did observe driving, operating or control of a motor vehicle. In addition, it's common for people to drink at home, after driving. That is a defense to a DWI... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section

Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.

Sean Erin Serraguard
Sean Erin Serraguard
answered on Apr 18, 2019

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... View More

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