They aren't passing off the content (poems) as their own. They are just reading it in a ASMR fashion to make money.
answered on May 4, 2021
What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Since you use the poem in a way that you are making... View More 
I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... View More
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answered on Apr 5, 2021
I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... View More
answered on Feb 24, 2021
Hi There!! A copyright is technically created the moment artistic expression is reduced to a fixed medium. To register your copyright see the government site https://copyright.gov/ which is very informative.
Good Luck!!
answered on Feb 6, 2021
Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... View More
I want to be able to have a pocket for each foot to fit into (like a shoe) made of a silicone material that can fit in between 2 layers of silicone that looks and works like a Mermaid tail. Such as a mono fin or Flippers that are connected and require a swimmer to use both feet at once, unlike... View More
answered on Jan 9, 2021
I suppose you are asking whether you can get a patent for your product or conversely, whether your product could potentially infringe another patented product. A patent attorney can do a patentability search on your product and review patented products to provide you with an opinion on both these... View More
Reef Chicks is registered to an ex co-owner of the company. I need to renew the trademark and have the owner name changed.
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... View More
Can I use a group name and copyright it for entertainment purposes?
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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
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... View More
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.... View More
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.
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.
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... View More
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.
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... View More
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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... View More
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... View More
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... View More
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)?
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... View More
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.
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.
answered on May 25, 2020
Yes. The word "room" is not the main part of their mark, "VRchat," from the POV of trademark protection.
Are we able to sell it? We don't claim the artwork as ours.
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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