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2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

Sean Goodwin
Sean Goodwin
answered on Mar 21, 2024

This is potentially a problem.

Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.

Federal trademark...
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2 Answers | Asked in Copyright, Business Law, Trademark and Intellectual Property for Montana on
Q: I want to name my app "Fit.ai" however it's being used as a domain by "Booth.ai". Am I still able to use this name?

It is not a registered business or trademark. They only have the domain name.

James L. Arrasmith
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answered on Mar 22, 2024

If "Fit.ai" is not a registered business name or trademark, and you're planning to use it for an app, you might be able to do so. However, just because the name isn't registered doesn't mean it's free from potential legal complications. The fact that another entity,... View More

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

James L. Arrasmith
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answered on Mar 22, 2024

The copyright status of works like diaries can be complex, particularly when they are unpublished and the author has passed away. In general, for works created but not published or registered before 1978, copyright typically lasts for the life of the author plus 70 years. Since the diary was... View More

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2 Answers | Asked in Education Law, Intellectual Property and Copyright for New York on
Q: Access Rights to Professional Archive

I am currently writing a book about a scholar who passed away three years ago. This individual was a professor at a state university and a well-known public figure worldwide. On the website of his foundation, there is a list of all the lectures he delivered across the globe. I requested access to... View More

James L. Arrasmith
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answered on Mar 22, 2024

In the realm of academic research and historical documentation, access to archives can indeed be crucial. However, the legal right to access such materials depends on a variety of factors, including copyright law, the intentions of the decedent, and any existing agreements or policies established... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: More than one entity can own a trademark? Like (Sun's out guns out). Has more than one serial # ownership

The original person that trademarked this phrase did not renew their trademark license on it. Now there are at least two or more people who trademarked this phrase.

James L. Arrasmith
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answered on Mar 20, 2024

Yes, more than one entity can hold a trademark for the same phrase if the marks are registered for different classes of goods or services. This means that the phrase "Sun's out guns out" could be trademarked by different parties, each using the phrase in a different context or... View More

1 Answer | Asked in Copyright for California on
Q: Does the order of a case management conference and demurrer hearing matter?

I noticed whenever I or the defendant submit documents the order of the demurrer hearing and case management conference may change. As of now the hearing on demurrer is set to be first with the case management conference to follow. Does this mean anything for me the plaintiff?

James L. Arrasmith
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answered on Mar 20, 2024

The order of a case management conference and a demurrer hearing can have procedural implications, but it does not necessarily signify a significant change in how your case will proceed. Typically, a demurrer hearing addresses legal issues regarding the sufficiency of the complaint's... View More

2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

Temitope Oluwatoyin Siyanbade
Temitope Oluwatoyin Siyanbade
answered on Mar 18, 2024

It depends. When exploring whether you can use a name without running into issues, you have to do a trademark search. The most basic trademark search can be done using the USPTO's website, but you have to search variations of the word or phrase that you are interested in search. The reason... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

James L. Arrasmith
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answered on Mar 20, 2024

Starting a company named “Natura Wipes” and selling 99.9% water-based, chemical-free baby wipes could raise legal considerations you need to address. The first step is to ensure that the name “Natura Wipes” is not trademarked by another company in your country or region, as this could... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
Alan Harrison
answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
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answered on Mar 16, 2024

If an artist has given you explicit permission to use their images, including those posted on Facebook, for your book, then you generally have the right to use those images according to the terms laid out by the artist. Ensure that this permission is in writing and clearly states the scope of use,... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

1 Answer | Asked in Copyright, Intellectual Property and Internet Law on
Q: Can user contributed content be transferred to another organization?

Indiana registered non-profit corp. members contributed tips/tricks/ideas about our hobby for members to use. We have since disbanded. Can the knowledge library be provided to another group to keep it available or does each contribution remain owned by the contributing member? Some members have... View More

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answered on Mar 14, 2024

When considering the transfer of user-contributed content to another organization, it's important to understand the legal framework surrounding copyright and ownership of such content. Generally, unless explicitly stated otherwise through agreements or terms of use, individual contributors... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I trade mark New Life Marbella?
James L. Arrasmith
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answered on Mar 14, 2024

To determine whether you can trademark "New Life Marbella," you need to consider several factors:

1. Distinctiveness: Is "New Life Marbella" a unique and distinctive name, or is it a common phrase that other businesses in your industry might use? Trademarks should be...
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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

Alan Harrison
Alan Harrison
answered on Mar 14, 2024

It depends. Email service is not typically valid in Arizona. However, a federal district court can serve anyone in the United States based on the rules of the state where the court sits. So if for example you were sued in a Florida federal district court (as might happen for patent infringement... View More

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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: Can a court documents like a TRO be served via email? If I respond to this email, does this change anything?

I’ve received an email from what I believe is a legitimate law firm stating I have an infringement complaint against me. The email links to a site hosting documents that look like court documents. The complaint appears to be that a product I’ve been selling is infringing on a design patent that... View More

James L. Arrasmith
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answered on Mar 15, 2024

The rules regarding legal service of court documents, such as a Temporary Restraining Order (TRO), vary by jurisdiction and the specific court's requirements. Traditionally, legal documents need to be served in person or through recognized postal services to ensure the recipient is aware of... View More

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1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for California on
Q: Chinese company wants to use my registered business name and internet search words- whether I allow or not

I have been receiving letters from Chinese registry asking if they may use my company's registered name for their client, just with other than .com extension. I have answered that I only keep the xxxxx.com name, which has been registered after my company since 2002, only with other than .com... View More

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answered on Mar 13, 2024

You have certain rights to protect your registered business name and intellectual property. Here are some options you can consider:

1. Trademark protection: If you have registered your business name as a trademark with the United States Patent and Trademark Office (USPTO), you have legal...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

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answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
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1 Answer | Asked in Copyright, Gaming and Intellectual Property for Arizona on
Q: if I make a game that’s very… similar to Grand Theft Auto. And I name it “No auto” is this copyright and can I be sued?
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answered on Mar 11, 2024

If you create a game that is very similar to Grand Theft Auto and name it "No Auto," you could potentially face legal issues related to copyright infringement and trademark infringement. Here's why:

1. Copyright Infringement: If your game copies substantial elements from...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: If i was to use a random fictional characters name in a story then it happens to be similar to someone else's?

Will I be sued, what would be the proper legal advice?

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answered on Mar 10, 2024

Under federal law in the United States, using a fictional character's name in a story that happens to be similar to a real person's name would not typically expose you to legal liability, as long as you're not intentionally trying to portray or defame the real person.... View More

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