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 »
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 »
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 »
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.
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 »
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 »
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.
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.
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 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.
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 »
I worked as a 1099 Photographer with no contract or agreement for a company in NC. I was wrongfully let go (They are now claiming was a mistake), but my images are still being used for marketing and promotions even after I asked for a cease and desist. After a long wait, the companies legal... Read more »
If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.
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