I make cups with bluey images on them. Are bluey images copyrighted?
answered on May 2, 2023
Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
The use of "Apollo" as a brand name will depend on various factors, including the nature of your business and the goods or services you offer. It's possible that the term "Apollo" is already registered as a trademark by another company in your industry, in which case you... Read more »
I’m a YouTuber and I’m curious what is fair use and what isn’t.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023
It is possible to be hit with a copyright infringement claim for sharing copyrighted material in a group chat or showing it to people in person without permission. Fair use is a legal doctrine that allows for limited use of copyrighted material without the owner's permission for specific... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2023
NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... Read more »
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
answered on Mar 13, 2023
It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.
The title format "the new ... revue" could... Read more »
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023
The first step in filing for copyright protection for an ongoing activity or event is to determine if the work is eligible for copyright protection. Generally, original works of authorship that are fixed in a tangible medium of expression are eligible for copyright protection. Once it is determined... Read more »
answered on Jun 7, 2022
Assuming that you mean jerseys bearing the registered trademark of a sports team, it is the seller of infringing goods who is liable for the trademark infringement, not the buyer.
I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2022
Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
If I take a video I do not own the rights to and pause it. Then take a screenshot of something in it, like two people. However you only see their bodies no faces. Then I take that screenshot from the video and turn it into artwork, like a drawing or painting. Can I sell that as my own art work?... Read more »
answered on Mar 3, 2022
What you propose does not infringe the copyright in the video from which you captured a freeze frame.
First, even if you reproduced the screenshot itself, that would be permissible under the "fair use" doctrine; and
Second, your artistic revisions to the screenshot have... Read more »
I plan on Live feeding the Mummers Day Parade in Pennsylvania to my Youtube channel. The marching bands play music and there is other background music in the parade. Would those music sources be considered "fair use" for News Reporting of the event?
My channel is mostly outdoor... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2021
This is not a simple question and it may not be cost-effective to retain counsel. But you need to play it safe and make sure you have written consent to record. Fair use is a complex issue. Your channel is for profit, and unless you have the proper corporate entity for your YouTube channel, you... Read more »
This has to do with IP and the fair use act doctrine.
Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... Read more »
answered on Aug 18, 2021
Yes they can
They do not want to be in the position of deciding who is the rightful owner of the intellectual property
Is reading a children's book online legal as long as you aren't trying to monetize it? (New Jersey)
answered on Jun 7, 2021
Monetizing has nothing to do with copyright violation.
You should be careful and consult with an attorney.
answered on Jun 2, 2021
You should contact with an attorney.
Statutory penalties can be up to $100,000 per violation.
I recently saw 5 of his vehicles with my logo on them. I found his address and sent him an invoice. Never heard back.
Can I sue to have him either pay the invoice or remove the logos?
answered on May 10, 2021
Yes so long as you can demonstrate that you actually created the logo for him and that you were to be paid for your services, you have evidence a contract existed between you two. This can be shown through the chain of communications you likely have with him. Did he ever agree on your fee prior to... Read more »
I posted a picture of my client, no face, no identifying markers. I thought I had permission based on a text conversation because she did not sign a media release. she asked me to remove it, i did immediately, she wrote me after and said she is suing me (after the photo was removed). Can I still... Read more »
answered on Apr 29, 2021
More information is needed. But anyone can sue, whether they have a serious claim is another thing.
Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?
answered on Feb 15, 2021
Whether you infringe and whether you need a patent are two different subjects.
With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2020
hard to say. I would ask, what are you trying to accomplish? Maybe you can come up with something unique?
Basically, is it legal to exchange the first word and make a new brand out of it (whether it's Spain, Texas etc)? I was about to make a new brand when it came to my attention that there is already a brand with a very similar name- and it's apparel as well. The original company is... Read more »
answered on Aug 26, 2020
Using a trademark that is very similar to an existing trademark in the same class/category may be at risk for a claim of trademark infringement and dilution. Moreover, the USPTO may reject the trademark application due to a likelihood of confusion with a registered trademark. Consult with a... Read more »
answered on Aug 17, 2020
You can always sue, but it is probably not worth it unless it is affecting you substantially and you can quantify it
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
