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Florida Copyright Questions & Answers
3 Answers | Asked in Copyright and Trademark for Florida on
Q: How can I renew a trademark that expired on July 2020?

Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Dec 1, 2020

A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the... Read more »

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2 Answers | Asked in Copyright and Entertainment / Sports for Florida on
Q: Can I copyright the word “Désirée” for music entertainment purposes?

Can I use a group name and copyright it for entertainment purposes?

Evelyn Suero
Evelyn Suero answered on Nov 20, 2020

Names that are used to identify the source of goods or services, such as a group providing entertainment services, may be registered as trademarks. This is different from registering literary or musical works for copyright protection. Consult with a trademark attorney for more information.

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Are FDA medication guides and manufacturer pamphlets copyrighted?

Rx and OTC drugs come with monographs, medication guides and manufacturer pamphlets and I would like to know if one can reference their data without worrying about copyright laws. For example, ican someone make a database that customers pay a fee to join that summarizes the critical data from... Read more »

Allison Higgins
Allison Higgins answered on Nov 19, 2020

Yes, the guides and pamphlets are protected by copyright laws. However, you may still be able to create the database you are talking about without running into copyright issues. It would depend on how much of the information you used, whether you cite your sources correctly, and whether you use any... Read more »

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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1 Answer | Asked in Consumer Law, Contracts, Copyright and Business Law for Florida on
Q: Is it true that I don't need permission to use a song in my streaming service if it's free (and I make money from ads)

I'm starting a small music streaming service. And one of the bands I was talking to said that they do not own the licenses to their music. But would like to be on the platform. They mentioned to me that, to use their music, I do not have to pay royalties, so long as the platform is free, as... Read more »

Allison Higgins
Allison Higgins answered on Nov 12, 2020

This sounds like a situation where you will need to hire a lawyer. There are a lot of moving parts that need to be parsed out. You may want to look into getting a blanket license like many radio stations have.

Look into hiring a copyright lawyer that has experience with musicians and...
Read more »

2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Phillip William Gunthert
Phillip William Gunthert answered on Sep 21, 2020

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... Read more »

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2 Answers | Asked in Business Formation, Copyright and Trademark for Florida on
Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.

Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... Read more »

Evelyn Suero
Evelyn Suero answered on Aug 11, 2020

This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: How can I buy a trademark that is listed as unused since 2008?

I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.

Evelyn Suero
Evelyn Suero answered on Jul 28, 2020

While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... Read more »

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2 Answers | Asked in Copyright for Florida on
Q: Hi Why does my ™ shows as abandoned ? Status602 - Abandoned-Failure To Respond Or Late Response
Evelyn Suero
Evelyn Suero answered on Jul 18, 2020

When a trademark shows status as Abandoned, is it usually cause by a failure to timely respond to an office action. You may be able to file a petition to revive the application depending on how much time has passed. Consult with a trademark attorney for more information.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Good day, I have a copyright issue and I need some advise.

Good day,

I have an ecomerce platform and recently got an email about the use of a copyrighted image from a company called pixsy. I was unaware that the image was copyrighted and immediately removed it but after re-reading their message removal is not enough. They require payment to the... Read more »

Kathryn Perales
Kathryn Perales answered on Jun 22, 2020

There's a good chance that they are right - you should not ignore this. If they end up filing a lawsuit against you, REALLY don't ignore it. You may wish to talk to your own lawyer now to get a better idea of how strong their case is, or you could just try to negotiate them down to a... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Is using thumbnails copyright infringement?

I own a cosmetics review and ranking website and I need photos for my reviews.Can I use under fair use low quality thumbnails of products photos from other websites (sephora, brandcoms etc)?

James D. Williams
James D. Williams answered on Jun 4, 2020

There are 4 factors for fair use that are all reviewed, so it would require a review of all factors before fair use would be a claim.

If you are using the photos to review and rank products, then there is a decent chance that you are using the images for "commentary" or...
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1 Answer | Asked in Civil Rights and Copyright for Florida on
Q: I live in Orlando and want to take pictures of abandoned buildings that look cool and a Waffle House, is that illegal?

The Waffle House I want to take pictures of is not abandoned, but I still think it looks cool. Taking pictures of said building might require getting really close to the buildings.

Charles M.  Baron
Charles M. Baron answered on Jun 2, 2020

You left out the only important fact regarding taking of photos - what you plan to do with them. I suggest you re-phrase and re-post to clarify.

2 Answers | Asked in Copyright and Trademark for Florida on
Q: I want to register domain like VRchatroom.com, am i infringing on trademark of VRchat.com as they own VRchat trademark
Barbara Berschler
Barbara Berschler answered on May 25, 2020

Yes. The word "room" is not the main part of their mark, "VRchat," from the POV of trademark protection.

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3 Answers | Asked in Copyright and Trademark for Florida on
Q: Hello I have an online store and we want to sell shower curtains an mats with designer brand logo are we able to?

Are we able to sell it? We don't claim the artwork as ours.

Bill Hulsey
Bill Hulsey answered on May 16, 2020

https://www.youtube.com/watch?v=2jK8IndKMis

TRADEMARK FAIR USE

Please watch this video.

If we can help, let us know.

All the best,

Bill Hulsey

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1 Answer | Asked in Copyright, Personal Injury, Internet Law and Libel & Slander for Florida on
Q: Hello, I have somewhat of an online presence and someone that I used to speak to as a friend has decided to leak my nude

photos from OnlyFans (a protected site that subscriptions are payed for) as well as has leaked my previous home address, phone number, and still constantly harasses me via twitter through multiple accounts.

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

You should report to the police.

As far as leaking photos, you should consider filing for copyright registration and sue him for infringement.

You should consult with an attorney quick.

Marcos

www.legalbizglobal.com

4 Answers | Asked in Copyright and Patents (Intellectual Property) for Florida on
Q: can you patent an AR idea?
Kevin E. Flynn
Kevin E. Flynn answered on Apr 19, 2020

The initials AR are used for many dozens of things from acid reflux to amateur radio. If you mean automated rifle- then yes you can seek patents on the workings of a weapon. You would need to have an idea that would not be obvious to one skilled in the art of designing automated rifles. You... Read more »

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1 Answer | Asked in Copyright for Florida on
Q: Is the Duesenberg motors trademark available?

If so who owns the trademark

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

Check in the USPTO to see if it is available and the owner.

You can consult with an attorney to review your plans and see what are your next steps.

Marcos.

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Copyright for Florida on
Q: Can i sue someone for stealing a shoe design tweaking it and making profit off of it

The perp was Kanye West and one of his yezzy shoe designs

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2020

Kanye? No.

You will lose and gain nothing.

Besides, you would have a high burden of proof, and tweaking may have been enough to differentiate it from your design.

1 Answer | Asked in Copyright for Florida on
Q: My copyright is pending. Can I still use the graphic designs for my store website and Instagram?
Tania Maria Williams
Tania Maria Williams answered on Apr 6, 2020

Once you created the graphic design, you owned it. You are free to use it how you wish. I would suggest having a discussion with an attorney about protecting the design by trademark as well if you plan on using the design as a logo. There are protections that trademark can give you with use that... Read more »

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