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New Jersey Copyright Questions & Answers
2 Answers | Asked in Copyright for New Jersey on
Q: can u make a parody of a 4 line verse of a song & use it as a jingle?

This has to do with IP and the fair use act doctrine.

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 4, 2021

Maybe

You should consult with an attorney

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1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can Shopify even do this? What are my legal options here?

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 »

Marcos Garciaacosta
Marcos Garciaacosta 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

1 Answer | Asked in Copyright and Internet Law for New Jersey on
Q: Can I read children's books on sites like Youtube? If so, am I also allowed to display the pages of the book for viewer

Is reading a children's book online legal as long as you aren't trying to monetize it? (New Jersey)

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Monetizing has nothing to do with copyright violation.

You should be careful and consult with an attorney.

1 Answer | Asked in Copyright for New Jersey on
Q: i've unknowingly sold items on etsy that infringe on a copyright. What should i do, and what could the penalties be?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 2, 2021

You should contact with an attorney.

Statutory penalties can be up to $100,000 per violation.

2 Answers | Asked in Copyright for New Jersey on
Q: Stolen art work, I did a logo for customer who then disappeared.

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?

Jason Brooks
Jason Brooks 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 »

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1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for New Jersey on
Q: Can i be sued after removing a photo at the client's request?

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 »

James A. Abate
James A. Abate answered on Apr 29, 2021

More information is needed. But anyone can sue, whether they have a serious claim is another thing.

1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different

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?

Peter D. Mlynek
Peter D. Mlynek 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...
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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: I have a youtube channel called VossWaterKim, do you think if I get bigger I'll have an incoming copyright strike?
Steve Charles Vondran
Steve Charles Vondran 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?

1 Answer | Asked in Copyright for New Jersey on
Q: If an apparel company is called i.e "New York Spins Fastest", is it legal to start a brand called "Spain Spins Fastest"?

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 »

Evelyn Suero
Evelyn Suero 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 »

2 Answers | Asked in Copyright and Constitutional Law for New Jersey on
Q: The other day I was filmed without consent in a Laughing situation Not a serious money and I want to know if I can sue
Marcos Garciaacosta
Marcos Garciaacosta 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

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1 Answer | Asked in Small Claims, Consumer Law and Copyright for New Jersey on
Q: I received an email from google about a Notice of Class Action Settlement re Google Plus Your Rights May Be Affected

They provided a well detail email about the options I have and I wanted to know if I should just settle for the $12 or can I go bigger they have broken my rights and invaded my privacy

Leonard R. Boyer
Leonard R. Boyer answered on Aug 7, 2020

Trying to file a lawsuit as an individual against a company like Google is not going to be cost effective. You don't even know if your legal fees will be covered or not. Most litigants in a class action settlement get next to nothing. I personally, would take the $12.00 and move on.

2 Answers | Asked in Copyright and Trademark for New Jersey on
Q: if a word Marke is in CANCELLED SEC. 8 (6-YR) Can one apply Word Mark trademark?

I trying to open a company but the the brand name or word mark was trademarked how ever its in CANCELLED SEC. 8 (6-YR) can I now register my name?

Evelyn Suero
Evelyn Suero answered on Jul 6, 2020

The Cancelled Sec. 8 status refers to a trademark registrant who has failed to file renewal of the trademark registration. It does not mean that the registrant stopped actually using the mark nor that some other user is not using the trademark in commerce. Such users would still have common law... Read more »

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1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: Copyright/trademark rights.

My son built a kart that he was killed in. The kart was sold for scraps. I am starting a foundation of which images and logo of said kart will be created and used along with two phrases he would often use. I would like to have them trademarked/copyrights yet not sure if my sons wife would have any... Read more »

John B. Hudak
John B. Hudak answered on Jun 22, 2020

Sorry for your loss -- my condolences.

This is a more unique situation than others related to trademark and copyright. The intellectual property is related to a person. There are specific issues related to trademarks for surnames. There is also the issue of right to publicity (or right...
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3 Answers | Asked in Copyright and Patents (Intellectual Property) for New Jersey on
Q: Where can I get a patent attorney?

I have students working on my product for their capstone project. It does not have copywriters yet. Do I need an attorney? Where can I find an affordable one in Cherry Hill NJ?

Barbara Berschler
Barbara Berschler answered on May 22, 2020

It is not clear from what you write whether you have need of a patent or a copyright attorney. In either case, having someone else work on the project could mean they end up with the IP rights. So before you go further, do find an IP attorney who can assess what has been done and what needs to be... Read more »

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1 Answer | Asked in Consumer Law, Copyright and Real Estate Law for New Jersey on
Q: We took over a restaurant in boardwalk by jersey shore, other restaurants has same name

In a brief I took over a pizzeria and restaurant in jersey shore boardwalk, the pizzeria name are also named to about other 4 restaurant in the same boardwalk but with different way, like one is named original....., other name restaurant and pizzeria, other named (...... 4)., mine is name (....... Read more »

Evelyn Suero
Evelyn Suero answered on May 13, 2020

Generally speaking, a business does not have to register a trademark in order to have trademark rights. There are common law trademark rights that are acquired by use of the mark. Using a trademark that is confusingly similar may be deemed infringement. However, if your mark was in use before the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: can u use famous people as characters in a fiction book and also use pics of scenes, people without getting permission?

famous people are being used as characters, using their real names, and they have dialogue, relationships, etc. in this book, i.e. a very famous baseball player and a very famous reporter.

Barbara Berschler
Barbara Berschler answered on May 8, 2020

You need to proceed cautiously, especially if the people you write about are alive. Famous people have the Right of Publicity, meaning the right to exploit their own fame. Definitely work with an attorney before you publish your book.

2 Answers | Asked in Business Law and Copyright for New Jersey on
Q: If I purchase a design from online, would I be able to use that design on my own product to sell?

I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?

Barbara Berschler
Barbara Berschler answered on May 8, 2020

As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

www.legalbizglobal.com

1 Answer | Asked in Copyright and Trademark for New Jersey on
Q: SN:88563312 SN:88559161 SN:85965641 if i come up with different name & color + add edits can i use tillie?
Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.

Robyn T. Williams...
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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Modified Youtube videos on Facebook, copyright issues?

Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 13, 2020

You can see if the original creator is willing to grant a license to use the works. Particularly since you've already been given notice.

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