So the 2 photos used were under Creative Commons 4.0. The new image I designed aesthetically and artistically looks different but doesn't really transform the meaning of let's say original work (although the 2 original photos are not full of meaning themselves, one is just a city skyline... Read more »
Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee...Read more »
Copyright would likely not be the issue as the Rawlings and/or MLB logos are likely not copyrighted (nor likely copyrightable), but you could have a trademark issue. The issue would be similar to an extent of the recent Lil Nas X Satan shoes issue that Nike sued over.
My artist essentially re-created a photograph that is licensed (in the UK) using Pastel paint, and then a graphic designer manipulated the painting a little further to create my album cover. Should I seek out and purchase the rights to use the original photograph?
A cancelled trademark registration does not mean that a trademark is no longer is use. Moreover another business may have started using a similar mark for similar goods/services. Before submitting a trademark application, it is recommended that you work with a trademark attorney to assist you with...Read more »
Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to...Read more »
I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... Read more »
Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.
The unit contained not only the manuscripts/reels/files/notes/art for most of the films they have ever produced, but I have over 20,000 personal family photos dating back to the 1920's, and original artwork of a locally famous painter related to the films studio owner.
The items are now your personal property. Keep in mind you only have the property rights, so some items would have intellectual property rights to them (for instance copyright on the manuscript) so you just own that copy, not the rights to the films.
The company PicRights found a copyrighted image I used on a book review blog post seen by about 12 people. They want $110 for using the image on a commercial website. Is my site a commercial website? What determines a commercial website? There are no ads, nothing being sold but there are links to... Read more »
Statutory damages are $750 on the low end, though a judge could lower it to $200. This assumes the work is registered, and they would also be entitled to attorneys fees and costs, which could be substantially more than the $750 that is likely.
As to a commercial website, do you make money...Read more »
It is really impossible for any attorney to provide a comprehensive response without knowing what the name is. The state will literally let you register just about any name if no one else is using it. Trademark though is much harder to provide an answer, though if your search via TESS found...Read more »
If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?
The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.
Otherwise, I would venture that even by just putting it on there, there could...Read more »
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