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Tennessee Copyright Questions & Answers
1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: The game that I've created has many businesses that reflect real businesses. Logos and names changed. Is this legal?

I'm a Game Developer and my game contains many businesses that reflect those of real life. For example, there is a fast food restaurant called TFC that has a black and white logo of a cowboy. This virtual location looks similar to KFC, using a similar font and color pattern. Will I get in... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using businesses in your game that closely resemble real-life businesses, including logos and names changed, can potentially raise legal issues related to trademark infringement and intellectual property rights. While your game may not be centered around these establishments, if the similarities... View More

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If we need to build a dating app based on love is blind Netflix show is that copyright issue
James L. Arrasmith
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answered on Nov 28, 2023

Yes, developing a dating app based on the concept of the "Love is Blind" Netflix show would likely raise copyright concerns:

- The core idea of singles dating and getting engaged without ever seeing each other in person is an original concept created for the show. Replicating this...
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2 Answers | Asked in Copyright and Intellectual Property for Tennessee on
Q: I submitted a PDF script to a comic publisher some time ago. I believe the publisher stole my script. Do I have a case?
James L. Arrasmith
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answered on Sep 21, 2023

Whether you have a case depends on various factors, including whether you can demonstrate that your script was original and that the publisher had access to it. Copyright law protects original creative works, including scripts, once they are fixed in a tangible medium. Consult with an intellectual... View More

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2 Answers | Asked in Copyright and Intellectual Property for Tennessee on
Q: I submitted a PDF script to a comic publisher some time ago. I believe the publisher stole my script. Do I have a case?
David Aldrich
David Aldrich
answered on Sep 20, 2023

Once you produced the script in written form, you acquired copyright protection. Whether you have a case for copyright infringement will depend on a number of factors, including the similarity of the two works. You should consult a qualified copyright attorney with the details of your case.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: What if the Status602 - Abandoned-Failure To Respond Or Late Response in a trademark was not mine can I obtain it?

What steps do I need to take?

James L. Arrasmith
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answered on Sep 11, 2023

Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: How much is it to own this copyright from Inspector Gadget?

I would like to reboot Inspector Gadget to continue the cartoon series on Netflix & a few other TV stations as a passion project.

I would also like to know where I would like to buy the copyrights to own the series.

James L. Arrasmith
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answered on Mar 29, 2023

The cost to acquire the copyright for Inspector Gadget will depend on various factors such as the current owner, the terms of the acquisition, and negotiations between parties. It is recommended to consult with a qualified intellectual property attorney or agent who can assist in identifying the... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: I am looking to create my own line of word puzzle books/app. To what extent can I use names and other IP?

Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.

James L. Arrasmith
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answered on Feb 25, 2023

Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.

Using team names from the NHL, a list of movies in the...
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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Tennessee on
Q: Could I use black label as a company name or no?

I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.

James L. Arrasmith
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answered on Feb 25, 2023

It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More

1 Answer | Asked in Copyright for Tennessee on
Q: Is it illegal to sell golf balls with logos of golf courses on them?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

The most famous golf courses have registered their names as trademarks, and sell golf balls with the trademark on them. If anyone else sells golf balls with the registered mark, it is trademark infringement.

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: If I upload a song and don't register copyright within 90 days, can I get royalties if someone records it & makes money

I am referring to an original composition of mine if someone records all or part of it without obtaining a license from me.

Erik Špila
Erik Špila
answered on Oct 12, 2022

Basic answer would be Yes, you can, as the copyright arises upon creation of the work. However there are some pros of registration of copyright in the U.S. or other few countries. You should seek intellectual property attorney to get the most efficient option for your situation.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... View More

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

1 Answer | Asked in Business Formation, Copyright and Trademark for Tennessee on
Q: Can I use business name "Bath and Body Goods" or "Bath & Body Goods" without being sued by "Bath & Body Works"?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2021

Very likely you will get sued. Don't do it.

1 Answer | Asked in Copyright for Tennessee on
Q: Can I use pictures from 1960-1965 yearbooks in a memoir I am writing for publication?

There is no copyright information on these books, and no photographers are cited. The school still stands today, but not as a high school. Should I ask the current administrator(s) for permission to use these decades-old pictures?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

Copyright lasts for a long long time and it is automatically so those photos have an owner

1 Answer | Asked in Business Law, Copyright and Patents (Intellectual Property) for Tennessee on
Q: Have an e-commerce c2c idea. Is it possible to patent the “idea”? Think poshmark but for a niche not out there yet.
Peter D. Mlynek
Peter D. Mlynek
answered on Apr 30, 2021

Sorry, but you cannot patent a mere idea. You need to have an actual invention.

Once you do have the invention (see your patent attorney what the difference between an invention and a mere idea is), then you need to figure out how you are going to make money on it. That is the hard part.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
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1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: If "vols" is trademarked by UTK, as a word mark, is it legal for me to have that in a company name without UTKpermission

I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."

I would definitely suggest speaking with a trademark attorney to do...
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1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: Hey. My name is Sincere. I see that this is no longer in use & I wanted to know if I can trademark my name for my brand.
Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

If your name is Sincere you will likely not be able to have it registered in either a state or with the Federal Trademark Office. Surnames are not protectable by Trademark. See a trademark attorney.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler
answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... View More

1 Answer | Asked in Copyright for Tennessee on
Q: Can I have a Business Name, LLC different from my Trademark Brand?

I want to be Legally Registered with my Business Name, LLC but my domain name and product Trademark to be a different name. Is this possible? Also, what legal issues do I need to worry about and any other added information would be amazing. Im selling clothes and the name is a little edgy and dont... View More

Paul E. Tennison
Paul E. Tennison
answered on Mar 23, 2020

I recommend you consult with a business attorney to discuss in greater detail. In general, you could register an LLC as a certain name and use another moniker to denote the business. This is fairly common practice, many businesses operate and trademark certain names while the LLC could be something... View More

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