Get free answers to your Intellectual Property legal questions from lawyers in your area.
I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More

answered on Apr 22, 2025
There are 3 types of trademark protection: federal, state, and common law.
Federal law protects your registered trademark in all 50 states.
State law protects your state-registered mark within the boundaries of that state.
Common law protects the geographic area within which... View More
I have a new design for an Advanced SOS Beacon light and am interested in securing intellectual property rights. Three months ago, I checked for existing patents and found none similar to mine. However, I recently rechecked and discovered a patent claiming to have existed since 2010. How is this... View More

answered on Apr 20, 2025
It is pretty common to find patents and prior art that may have been previously overlooked. So this is quite possible. You can check for authenticity by looking up the patent online.
Here, the details of what this other patent teaches become very important. If there is 100% overlap with... View More
I have a new design for an Advanced SOS Beacon light and am interested in securing intellectual property rights. Three months ago, I checked for existing patents and found none similar to mine. However, I recently rechecked and discovered a patent claiming to have existed since 2010. How is this... View More

answered on Apr 20, 2025
The patent you discovered from 2010 might have been issued earlier but not initially indexed properly, making it less visible during your initial search.
To protect your new SOS beacon design, consider the following steps:
1. Evaluate Patentability:
Determine if your design... View More
About 30 years ago, I wrote a book that was serialized in a bi-monthly magazine over six installments in one year. The magazine is still being published, and there was no formal contract—only a handshake agreement for $500 per installment. I was credited as the author and contributing editor. I... View More

answered on Apr 2, 2025
I would double-check with the magazine to see if there is a contract on file even if you remember a verbal/handshake agreement. If there is a written agreement, please reach out to an experienced intellectual property attorney to review it in detail. There is something called a... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More

answered on Feb 17, 2025
It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.

answered on Aug 10, 2024
If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More
How should someone who is trying to build a career online go about this?

answered on Jul 25, 2024
If someone has a tattoo that is a copy of another artist's work, they could potentially face legal issues related to copyright infringement. Here are the key points to consider:
Copyright Infringement
Tattoo Artists' Liability: Tattoo artists can be sued for intellectual... View More
How should someone who is trying to build a career online go about this?

answered on Jul 26, 2024
If you have a tattoo that copies someone else's artwork, you could face legal trouble if the original artist decides to take action. Copyright laws protect original works, and tattoos are considered creative works. The artist might claim that you infringed on their copyright by copying their... View More

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... View More
USGA World Handicap System

answered on Jun 22, 2024
To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:
1. Novelty: The idea must be new and not previously disclosed to the public.
2. Non-obviousness: It... View More
My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

answered on Jun 22, 2024
To answer your question, we need to break it down into a few steps:
1. Patent verification:
First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim.... View More
as a freelance photographer, do i really need someones permission to add the pictures i take in a public setting to my website? or would this not be allowed for any reason?

answered on Jun 19, 2024
As a photographer, you generally have the right to take photographs of people in public spaces without their permission. This is based on the legal principle that there is no reasonable expectation of privacy in public places. However, there are some important considerations and potential... View More
I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

answered on Jun 15, 2024
When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

answered on Jun 13, 2024
Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More
I created my own hair growth oil formula that is a combination for 5 oils. I know I need to at least list two of them since they have allergen potentials however, I'd like to protect the last 3. I do not know if I have to list all the ingredient's on the labels or if there is something I... View More

answered on Jun 9, 2024
When it comes to protecting your hair growth oil formula, you have a few options. Here's some guidance on each:
1. Ingredient Labeling:
In most countries, including the USA, cosmetic products must list all ingredients on the label. This is to ensure consumer safety and... View More

answered on Jun 8, 2024
Based on your question, it seems you are asking whether using decorative picture frame designs around the text in books you have written would be legally permissible from an intellectual property perspective. Here are a few key considerations:
Copyright: Assuming you created the picture... View More
i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

answered on Jun 3, 2024
To address this issue, you'll need to take the following steps:
Contact the website and send a formal request to the website's administration, demanding the immediate removal of the videos. This request should include:
-Identification of the specific videos in question.... View More
i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

answered on Jun 3, 2024
I understand your concern and the urgency of getting those videos removed. First, you should contact the website where the videos were originally posted and request their removal. Many sites have policies against posting non-consensual content, and they might act quickly to take it down.... View More
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.

answered on Jun 2, 2024
To address your concern, you first need to understand what documents or agreements your former attorney used to arrange the ownership of Purple Dryad. Start by locating any legal documents, contracts, or ownership certificates that were provided to you at the time. These documents should outline... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.