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Missouri Copyright Questions & Answers
2 Answers | Asked in Copyright and Trademark for Missouri on
Q: I want to trademark High AF as a brand and logo how can i do this since there is an un-used trademark of the same name?

I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... Read more »

Jason Brooks
Jason Brooks answered on Aug 27, 2020

I’d be happy to discuss this on a call. Feel free to email me at jason@altviewlawgroup.com and we can set up a time to chat.

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?

I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... Read more »

James D. Williams
James D. Williams answered on Jul 26, 2020

The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: Can I sell prints of photos of cars that I took while hired by a car dealership? Some could be labeled “artistic.”

I own a small two-person photography / videography business. One of my clients is a car dealership that has the brands Volkswagen, Audi, Mercedes-Benz, and Porsche. I’ve taken photographs weekly for them for years and am looking to see if I can legally sell prints of these vehicles. I’m afraid... Read more »

Barbara Berschler
Barbara Berschler answered on May 27, 2020

Interesting question. The situation you describe has copyright and trademark implications. Because the cars have insignias and other marks on them, in addition to their overall look, the trademark owners likely would not like the public to think they authorized you to take the photos. Similarly,... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: Do I need to copyright an autobiography?
Barbara Berschler
Barbara Berschler answered on Apr 22, 2020

Once you "fix" a work, meaning making it perceivable by others, the rights of copyright immediately attach. So that part is covered. But in order to ease enforcement of those rights, it is wise to register the copyright with the Copyright Office. The Copyright Office's website... Read more »

1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... Read more »

1 Answer | Asked in Copyright for Missouri on
Q: what is the price of a brand registration?
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 13, 2019

You are probably referring to registering a trademark in the USA.

The government fees vary from $225 to over $300

Attorney fees should run from $1,000 to $1,500

That should include a number of searches to identify potential conflicts, advise in how to minimize conflicts, the...
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1 Answer | Asked in Copyright for Missouri on
Q: I have a company here named after a TV show.

This name was used back in the 60s & 70s it had a show the same name. Could I go and trade mark and copy right the name now if know one owns it? Thanks

Benton R Patterson III
Benton R Patterson III answered on Feb 27, 2018

You may be able to register the name as a trademark if it is not being used by anyone else for a similar business. A trademark attorney can help you determine if anyone else has trademark rights that may conflict with your ability to register the name as a trademark.

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I sell items using quotes from a public domain work, but taking the actual wording from a modern translation?

I am an artist wishing to sell posters with quotes from Marcus Aurelius' "Meditations". However, I would like to use the wording from a translation published in 2003. Is it legal for me to do this without compensating the publisher or translator?

Will Blackton
Will Blackton answered on Feb 25, 2017

There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.

(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original...
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1 Answer | Asked in Copyright for Missouri on
Q: I am being sued by CP productions for piracy. They are repersented by Steele law firm. Do I need a lawyer? I didnt do it
Paul Overhauser
Paul Overhauser answered on Dec 20, 2010

Yes, you need an attorney. The laws regarding piracy are very much in favor of the owner of the intellectual property rights. Moreover, in most piracy cases, if you are found liable, you can be obligated to pay the attorneys fees of the IP owner, which can easily run into tens of thousands of... Read more »

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