Im developing a fantasy video game with a race of humanoid dragon people that were made by dragons and was hoping to call them Dragonborn, but it shares the same name and physical similarities to the Dungeons and Dragons race of Dragonborn. Despite the fact its just a combination of the words... Read more »
It sounds like you're asking about the trademark implications of you using that term. There are many factors to determine if you are infringing on someone's trademark. It would be best to have a trademark attorney conduct a comprehensive search at the USPTO to determine if you may run...Read more »
I want to hire an artist to draw art for me. I plan on printing and selling this art. Legal contracts are very scary and long. Can I just write my own using plain English? Example: I write on a Word document or email "I pay artist to give me art. I will reprint and sell this art." Will... Read more »
The agreement for a work-for-hire need not be elaborate. But it should be in writing, dated, and clearly state (1) what work is the subject, (2) the names of the artist and the hiring party, and (3) that the work is a "work for hire."
There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in...Read more »
I was in an online group for a project awhile back and in the group I made a character design. I’ve since left the group and was wondering if the design would legally be considered mine or the groups? There were no contracts involved, and the character design doesn’t belong to the group, it was... Read more »
As the creator of an original work, you own copyright in the work unless there was an agreement that it was a "work for hire". There being no such agreement, you retain all rights in the work and should inform the group to that effect, and insist that your work not be included in the...Read more »
We previously worked for a Chicago-based Marketing Agencies developing websites. We're wondering now if we can display those websites in our portfolio legally. There was no written agreement with the agency. We're worried about getting sued if the agency sees those websites in our... Read more »
If there was no written agreement with those agencies, then you retain the copyright in the materials that you created for them. They have the right to use the websites, but you actually own the copyright. Use the Find a Lawyer tab to retain a local intellectual property attorney to review the...Read more »
A name isn't protected by copyright, but it might be protected as a trademark. In the U.S., an unregistered trademark is enforceable as a "common law" trademark. You run a high risk of trademark infringement liability if you use another company's brand for the same kinds of products or services.
The statute of limitations to bring a contract claim is the same as in New York, namely, four years. However, most contracts that provide for arbitration shorten such periods. In New York, the arbitrator rules on the statute of limitations but when interstate commerce is involved, the Courts may...Read more »
I downloaded a game which released in 2016 from torrent 3 days ago. I didn't know what is torrent and I didn't know what I was doing is illegal.I watched a YouTube video teaching how to download the game and so I followed the video step by step and downloaded it and torrent, they... Read more »
Having defended hundreds of these BitTorrent download cases (mostly Strike 3 Holdings, LLC movies), the best I can tell you (not legal advice) is to STOP downloading and sharing movies. If you are found to have downloaded, let's say, 20 or more movies - that is about the lowest number I have...Read more »
Hi, I received a email saying that one of the images I used on my blog was copyrighted and I have to pay 1400 to avoid legal action. But the email seems suspicious Am i obligated to pay? What legal action would I face if I ignored it ?
These letters can be legit despite them sometimes looking like spam or a scam. You should have a photo infringement law firm look the letter over. Before we ever advise our clients to pay we like to look at the whole situation such as (1) who is sending the letter (2) do they have the legal...Read more »
I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot...Read more »
It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).
These vehicles were provided to the US military from 1984 - 1987. I believe similar brush guards were an option on GM trucks as early as the 1960's. I would like to reproduce this brush guard for the same GM vehicles and other vehicles with slight modifications. Thanks for any help you can... Read more »
This is a common type of question, but unless the brush guard was ornamental, finding the patent is not going to be very helpful. The drawings that come with patents are there to help the reader understand the invention, and are not meant to be...Read more »
Your reluctance to provide demos without copyright clearance is wise, and you should insist the would-be producer provide a written assurance that he/she will not distribute the demo and will indemnify you for any claim of copyright infringement. Be sure to label (or record as a preamble) the demo...Read more »
I am planning on making a 2D Platformer game (when finished, I want it to be released on Steam, and possibly outside of the US if sales are good). I will be making the music for the game - I don't know too much on how copyrights work besides the fact that I have to file it, and I don't... Read more »
The game product you envision has elements that, as the fruits of your original creative effort, are separate subjects of copyright: the code, the visual appearance, and the music. To assure the greatest protection for your work(s), you should register the copyright in each of these elements. Then...Read more »
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