Get free answers to your Intellectual Property legal questions from lawyers in your area.
In the recent past I have taken a picture (using my iphone camera) and also a video of a professional photo that I had made at a photo studio. I either uploaded this to my facebook messenger story or sent it via iMessage/text or facebook messenger to friends that I wanted to see it. I have also... View More
answered on Jul 21, 2017
Did your phone company tell you that you had violated their EULA? If not, I don't think you have to worry about it.
answered on Jul 5, 2017
Maybe. This is a very interesting situation where you are essentially aggregating or curating particular content from another site, and earning money by doing so. The exact way you are conducting your business will likely inform the full answer to your question, and without further details on... View More
I have found somebody who has changed a character that is not specifically trademarked to either be skinnier or shorter and is selling both versions online for profit. The character is fundamentally identical in all three versions, so would someone using the character for profit be a blatant... View More
answered on Jun 23, 2017
This would be a copyright issue. The case is also fact-specific, meaning that without more information, it will be tough to speculate about whether infringement is likely. If you would like to assert a copyright, you will need to register it. Copyright registration is straightforward, and can... View More
I paid someone $500 up front with another $750 due, for training materials. One of the documents was completely plagiarized from something else on the web (a paid course). How do I go about this? I paid via paypal... Will paypal give me my money back.
answered on Jun 12, 2017
Well, there are likely several options.
First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the... View More
answered on Jun 11, 2017
You will need to file a lawsuit against the accused infringer. Depending on your trademark rights, you may have common law claims (state-level), and/or a federal claims (Lanham Act), and thus those rights will determine where you can file a lawsuit.
Litigation is not something I recommend... View More
answered on May 18, 2017
Maybe. A primary element of trademark law is use, and a registration helps put people on notice of use, but does not guarantee that someone isn't using the mark. It’s possible that the trademark owner didn’t renew the mark, but is still using it, and thus would still have trademark rights... View More
answered on Apr 27, 2017
The short answer is yes. However, you will need to seek the advise of a trademark and patent attorney to get advise on this question. Your situation is highly detailed and highly specialized. There is likely a contributor attorney on this site that might know the answer to your question, but I... View More
My father passed in 1995; his poem is Christian and I want to submit it to a Christian website. I would not be paid for this. Is publishing his poem legal or are there copyright issues I need to sort out first?
answered on Apr 24, 2017
Your late father's copyright will endure for 70 years after his death, assuming he did not create the work for some other entity.
Did your late father hold any interest in his work at the time of his death? That is, did he sell the rights in his work before his death?
If he... View More
In 2008 I singed a contract for it's use on books, magnets, tote bags, greeting cards and other decorative items. I had international distribution and now I'm finding that it's being used without consent. I have not saught to trademark as I'm under the impression that my... View More
answered on Apr 22, 2017
Talk to a copyright (or "intellectual property") attorney.
I was told by a patent lawyer that the US government would not permit such a patent to be in public view. This of course is discouraging. Is it true?
The inventor of this propulsion device would like to license various corporations and in various countries around the world with this... View More
answered on Apr 3, 2017
Yes it is possible! The government (I believe it is the DoD) would screen the application (as they do all applications) for any technology that could threaten security/safety of the public. Given your brief description, it doesn't seem to fall into that category. That said, even if there were... View More
answered on Mar 9, 2017
Huh? You don't have to be physically present to sell it. Your husband, for example, can execute a deed to Florida property while in Texas.
How specific does a patent need to be?
answered on Feb 3, 2017
Drafting a patent is a highly technical task and should be done by an experienced patent attorney. Contact your state bar association, using their lawyer referral program, to find the contact information of an experienced patent attorney.
I'm starting a business and the best name I've tested bares some level of similarity to another established brand.
Here is a comparable hypothetical scenario, would this be legally acceptable on a scale of 1 to 10 with 10 being totally acceptable:
Established company A)... View More
answered on Feb 3, 2017
I don't think it would be ethically permissible for an attorney to answer that specific question for you without establishing an attorney-client relationship. Find a local attorney who does business transactional and trademark work. This statement is obviously self-serving, but also... View More
answered on Nov 21, 2016
Many articles have been written on how to decide this very common question.
To begin, do you know if you can even patent the thing that you are trying to protect? If it is not patentable, keeping something as a trade secret is a way to go.
If it is patentable, how easy is it to... View More
Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists.
It sounds like "no" but I thought maybe the book's age would allow it. Published in 1979.
Below stated in inside cover.
This book belongs... View More
answered on Sep 20, 2016
If they are reproductions of works by 19th Century artists, and if the images were first published before 1923, the images would be in the public domain. It is not clear from your post whether or not this applies.
answered on Aug 26, 2016
As always, it depends. If you use a newspaper print that is original, recognizable content, you may be infringing on someone else's copyrighted work. If you're using small text for the background and it is not recognizable or original, then no. The question is whether the content you are... View More
answered on Jan 19, 2016
Abandonment of a trademark in the USPTO's registration status does not mean that the original owner has stopped using the trademark. It can be lack of paying the maintenance fee. You may use it only when the original owner has discontinued with intent not to resume the use of the mark. Nonuse... View More
Ex. if i have an idea for google and submit it to them via their submission process, can they then use the idea I submitted without including me in the spoils per say?
answered on Jan 19, 2016
Submission of your idea without a nondisclosure agreement is almost like a free gift to the receiving company. Like Google's disclaimer in its idea submission form that "by submitting a proposal, idea or feature request on this page, you give Google the right to use it freely without... View More
answered on Oct 30, 2015
You can find all of this out, not by asking for an attorney to answer, but by most likely doing internet searches.
answered on Oct 12, 2015
Trademark attorneys rarely, if ever, answer questions on this forum. Go see one.
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