answered on Oct 27, 2022
Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.
answered on Oct 16, 2022
I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... Read more »
Rough background and other family members wants privacy.
answered on Jan 17, 2022
The short answer is YES. It is perfectly fine and common for authors to be identified by pseudonyms (for instance, Dr. Seuss was actually Theodor Seuss Geisel). The copyright in the book by a pseudonymous author is registered in the author's real name, and legal transactions such as... Read more »
I want to create a logo with my name and a crown
answered on Oct 28, 2021
Funko does not have a monopoly over the concept of a crown. However, you may have problems if your crown is similar enough to create confusion in the marketplace as to whether you are affiliated with Funko or if it looks like a copy/paste of their art. Merely re-creating, rather than copy/pasting,... Read more »
I am preparing a manuscript for a commercially available book. I want to print url's of articles published on commercial sites to provide background reading for the reader. Are url's copyrighted? Can I use them without permission? Also, are the titles of such articles copyrighted? If... Read more »
answered on Aug 10, 2021
Good question. You should consult with an attorney on this.
A URL is like the title of a book or article, so it may fall under fair use.
answered on Jul 19, 2021
This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »
answered on Jun 7, 2021
Consult with an attorney so she can do proper searches and give you a risk assesment.
I see hundreds of books from various authors with that title on Amazon.
answered on May 31, 2021
Consult with an attorney to understand your options and risks
answered on Apr 9, 2021
It may be deemed infringement to use a trademark that is confusingly similar to another trademark that is in use for the same class/category of goods or services. There may not be an issue, however, if the trademarks are used for completely different goods or services when there is no likelihood of... Read more »
I would like to use personal letters, purchased by me at an auction, in a book. People who wrote these letters passed away and 70 years have lapsed after their death. Many of the letters were written in the late 1800s. Are these letters in Public Domain? Am I allowed to use them in... Read more »
answered on Feb 26, 2021
You should always consult an attorney and this is not legal advice nor forms any attorney client relationship
IF you own the original manuscripts of a work, and the copyright period has expired and nobody else can make a claim to it, most likely you are the owner of it and can do what you... Read more »
Could I potentially register the copyright and own it, despite what I signed? No copyright claim was ever filed for this book
answered on Oct 22, 2020
This is impossible to answer without seeing the contract. If the other party had an obligation to register the copyrights, then perhaps. But it's more likely you already assigned away your rights to the book. Please have an IP attorney read your contract.
She lived and died in MD however she was living in CA when she had materials copyrighted.
answered on Oct 6, 2020
The estate will likely be handled in CA and you should post your question there rather than under the NC section of this site.
answered on Sep 26, 2020
The Supreme Court's blog has a new page that summarizes her career highlights, and it mentions several cases. Here is the link:
answered on Aug 6, 2020
It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... Read more »
answered on Jul 27, 2020
You have rights but your damages depend on whether you registered the songs with the US Copyright office prior to their unauthorized publication. In any event, a cease and desist letter and demand for damages will Be your First course of action. If you would like assistance with this feel free to... Read more »
Lord of the rings series. Could I create a business with the name Mordor Entertainement? Or part of a name that is tradmarked? Thorin Oakenshield is trademarked, could I use Oakenshield Entertainment?
answered on Jun 17, 2020
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, that both marks are indicating a common source of the goods/services.
This answer... Read more »
answered on Jun 9, 2020
Generally speaking, copyright does not protect an idea, it protects the expression of the idea in a tangible medium. For example, a published book or written story would be protected by copyright but not the idea for the story.
I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?
answered on Jun 3, 2020
Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... Read more »
I wanted to make sure by doing this, I'm not infringing
answered on Jun 2, 2020
I believe there is an official "Black Lives Matter" group. See: https://blacklivesmatter.com/contact/ There are also a number of applications pending with the USPTO that could be relevant. Check with the BLM group about the best way to proceed with your idea.
Clearly Apple is not in the business of creating furniture such as lamps. So would I be safe?
answered on May 18, 2020
The key standard for trademark law is the likelihood that consumers will be confused about who the product is coming from. Often, multiple companies with the same name can coexist because they are in different sectors. In other words, people aren't likely to think Apple got into the business... Read more »
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.