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3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:

Right of Publicity:

Public figures like former presidents have a right of publicity,...
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2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Ohio on
Q: Can I copyright songs made in a game making mobile app?

I was wondering if songs in any game making mobile app made are eligible to copyright whether it's made by me or anyone else

The songs I believe would be public domain, and in the app you're able to take the "MIDI" of the song and change it (if you want)... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Does It infringe to use the word "dummies" - internationally recognised - but preceded by other languages' preposition?

The "for dummies" phrase is registrered, for editorial purposes.

But it also became a common language espression, internationally known in many languages, so fare.

What about using the preposition in other languages (i.e. : "pour dummies" in french)? Using it in... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Using "for Dummies" with Foreign Prepositions

The phrase "for Dummies" is a registered trademark owned by John Wiley & Sons, Inc., and is widely recognized for its series of instructional books. Using this phrase, even with a foreign preposition, could potentially...
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3 Answers | Asked in Copyright and Intellectual Property on
Q: Can i create a online course on rational recovery without permission?

There is a book and method called rational recovery for quitting alcohol addiction. It is known and famous. I was wondering if I could freely use the idea and use it to create a course on Food addiction or no?

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and the context of your query, here's an analysis of creating an online course on Rational Recovery without permission:

Copyright Considerations:

The book "Rational Recovery" and its specific content are protected by copyright. You...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:

Trademark Issues:

Caitlin Clark's name may be protected as a...
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2 Answers | Asked in Copyright, Intellectual Property and Gaming on
Q: Am I responsible for copyright infringement if i have writen permission from someone but they lied about owning it?

I would like to know If i put my game in a kickstarter and a reward tier says i can put a backers character in the videogame and but they sign a waiver to say that they own the rights to their character and give me permission to use it and that if its not theirs they will be held responsible and... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Legal Responsibility for Copyright Infringement with Written Permission

If you receive written permission from someone to use a character they claim to own, but it turns out they lied about owning the rights, you could still face legal issues. Here’s a detailed analysis:

Copyright...
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2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the search results provided and the information in your query, here's an analysis regarding using "Warhorse" for your new company or "Warhorse Production":

Existing Usage:

The search results mention "The War Horse" and "The WarHorse...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:

Copyright and Trademark Issues

Copyright:

Evangelion characters and logos are protected by copyright. This means that any...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results and general legal principles regarding the resale of sports jerseys, here are the key points to consider:

Authenticity: It is legal to resell authentic, used soccer jerseys for England and Spanish teams, as long as they are genuine products that were originally...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Delaware on
Q: I want to use NFL replica mini helmets to make phone charging stations, is that allowed?

I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?

Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation:

Trademark Application Status:

Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More

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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, you may have some rights regarding the use of your photography. Here's an analysis of your position:

Copyright Ownership:

As the photographer, you automatically own the copyright to the photos you took, unless there was a written...
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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

1. Copyright ownership:

Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Im having a problem with copyright on 3d printed models i paid for on cults 3d the models have Commercial use and cc by

Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:

1. Copyright of the 3D models:

- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Can I get sued over my tshirt designs?

I started my print on demand business where I make designs and these guys print it ship it etc.. and i get a %. I was wondering if I can get sued because first picture has soccer players heads , other has soccer player last name and back picture with animated cartoon style , and third has shade of... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

I can offer some general information about copyright and trademark issues related to your situation:

1. Player likenesses: Using recognizable images of soccer players, even if animated or stylized, could potentially infringe on their right of publicity or image rights. Professional athletes...
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2 Answers | Asked in Copyright, Civil Rights and Intellectual Property for Mississippi on
Q: If I use pictures I've taken of children to illustrate a book do I need a release from their parents?

I plan to use filters so that the children aren't recognizable unless you've seen the original photo.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of using filtered photos of children in a book illustration:

Legal Considerations:

Even with filters applied, using photographs of identifiable individuals, especially minors, can raise privacy and legal concerns....
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2 Answers | Asked in Copyright, Civil Rights and Intellectual Property for Mississippi on
Q: If I use pictures I've taken of children to illustrate a book do I need a release from their parents?

I plan to use filters so that the children aren't recognizable unless you've seen the original photo.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

To answer this question, we need to consider a few key points:

1. Copyright: As the photographer, you own the copyright to the photos you've taken. This generally allows you to use them for various purposes, including in a book.

2. Right of publicity: Even if you own the...
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