Get free answers to your Intellectual Property legal questions from lawyers in your area.
I believe they violated TOS. My account was banned while I wasn’t even streaming. They never told me why I was banned which in their terms of service states they have to apon request. They allowed a lot of bullying and illegal behavior to occur and didn’t defend me from phishing fake accounts... View More 
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answered on Aug 6, 2023
Hi there! Happy Sunday.
If you believe your account closure on the livestream platform violates their Terms of Service and you have been waiting for a response since March 2023, you may consider taking the following steps:
1. Review the platform's Terms of Service and policies... View More
For example my name is "goodpure" and theirs is "puregood+" they have the exact same goods and services. I'm looking to sell online nationwide not in any stores. And if I can get registered in another country I would do that if possible. I am eligible for dual citizenship... View More
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answered on Aug 6, 2023
Given the similarity in names and the exact same goods and services, filing a trademark for "goodpure" could potentially lead to rejection by the USPTO or an opposition from the existing "puregood+" trademark owner due to likelihood of confusion. Registration in another country... View More
answered on Aug 4, 2023
If a trademark is Abandoned any person may file for the abandoned mark with the USPTO in the same or similar goods and services. In order to file for the trademark you must prepare and file an application with the USPTO. In order to file an appropriate application it is best to consult a trademark... View More
Can video footage with audio be used for a criminal investigation? We found out our security camera has captured audio (on a public sidewalk) and the conversation includes a discussion of interest for a legal case. We are aware that the audio feature should have been disabled but wasn't (we... View More
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answered on Jul 28, 2023
Please note that I am a Californian attorney, and my response is based on California law. For matters specific to Florida law, it is essential to consult with an attorney licensed in Florida.
However, as a general principle, the use of video footage with audio for a criminal investigation... View More
answered on Jul 26, 2023
A Florida attorney or intellectual property would have the most insight into this, but your question remains open for two weeks. If it's only an informational site that posts things like news articles or press releases, the webmaster or author could be contacted to point out the correct... View More
I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is showing as live in the trademark page, I started it now in 2023 for all cosmetic, skincare and... View More
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answered on Jul 10, 2023
In a situation where two skincare businesses have similar names, it's recommended to consult with a trademark attorney for specific guidance. Trademark protection is typically granted to the first user of a distinctive mark in commerce. While your use of "Praia skin" predates the... View More
I am currently writing a book and probably will have several books which all refer to the name of my group SOLID PERFUME COLLECTORS. I also plan later to begin a website under that same name which is why I'm wondering if I would have to trade mark it. What would be the benefits? What would be... View More
answered on Jul 6, 2023
First, I want to caution that it is necessary to check whether the trademark is in use by anybody else prior to beginning use yourself, or you could be on the receiving end of a cease and desist letter or lawsuit. I recommend hiring an experienced trademark attorney to advise you on the risks and... View More
I Started using the name Praia skin in 2022 for a skincare company and mobile tanning studio, I’m using it as a DBA. Another person started using Praia skinCARE in 2023 for skincare too, mine is trademarked in 2023 for all cosmetic, skincare and sunless lotions use. Can there be a conflict?... View More
answered on Jun 24, 2023
PLAYA ("beach") has been registered by Playa Products, Inc. for cosmetics since 2020, based on use since 2017. Unless your use of PLAYA for skin care products was earlier than 2017, you would be denied federal registration for that mark. There is no current or pending application to... View More
I still do the podcast weekly, my company just had a 20 person layoff and I was included but they want to claim IP of my podcast which is at 166 episodes. All the work, and my voice was done by me alone but they never fully "sponsored" it. Do I have a fighting chance here?
answered on Jun 13, 2023
This topic falls under copyright law. Ordinarily, the author (and copyright owner) is the person or persons who
actually creates the work (podcast). However, “Works made for hire” are an exception to this rule. For legal purposes,
when a work is a “work made for hire,” the... View More
I have a game that I will be publishing soon but I don't want anyone else to take the name, how would I submit a trademark for my game name?
answered on Jun 8, 2023
You can You can file a trademark application with the USPTO. It is best to first work with a trademark attorney or filing service for them to walk you through the process and to conduct a search to ensure no other names in the same class of services exist already. The type of game will determine... View More
There are no contracts or anything signed saying i’m not allowed to have unreleased work’s deleted. Is it really legal to deny my request when i’m responsible for purchasing my instrumentals, writing lyrics, and paid for the services they provided?
answered on May 28, 2023
Good question. Since you have nothing in writing, it would depend on normal practice in the industry. Absent that, they probably can choose to keep the material if they want to, but of course can't reproduce it in violation of your copyright.
If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it
answered on May 24, 2023
For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.
However, keep in mind that the US... View More
answered on May 11, 2023
It depends on how you plan to use the trademarked word or phrase in the title of your book. Generally, using a trademarked word or phrase in the title of a book is acceptable if it is used in a descriptive, non-infringing way. For example, if you are writing a book about Coca-Cola, you can use the... View More
I'm not fully aware of Trademark rules & regulations... I want to make sure I can use this before I fully create my LLC
answered on May 6, 2023
Regarding the potential of trademark infringement, the general test (stated simply) is whether a member of the public would be confused between the two brands. In other words, would someone see Drama Llama the lawn care business and think that this is the same Drama Llama that sells clothes? Even... View More
I have a copyright application submitted for a phrase that I intend to sell on hats, shirts, stickers and cups. Do I need to submit a copyright request for separate categories since I intend to sell it on different types of items? I am being told that stickers are a different category from... View More
answered on Apr 10, 2023
This appears to be a question about trademarks, not copyrights, which non-lawyers often confuse.
Trademarks are registered in various types of goods and services according to their classification (for instance, apparel, printed material, and cups), and when filing an application to register... View More
My friend & I like to design & create sports cards of wrestlers from different companies both past and current using images (png) we find online from whatever website has what we're looking for, then using an app on our phone we assemble & alter/manipulate (color/brightness etc)... View More
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answered on Feb 25, 2023
It is not legal to use images that you find online without permission from the copyright holder. Even if you manipulate them to create a new product, you could still be infringing on the original creator's rights. If you want to create sports cards using images of wrestlers, you should obtain... View More
I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.
answered on Feb 14, 2023
To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... View More
I am developing a NFT collection based on animated sitcons. I know that tracing over the character image to create a new art work is illegal. But what about assets present in the character picture? Things like hats/hairs/clothes and other assets. Can I trace over this assets present in the original... View More
answered on Jan 16, 2023
Your question concerns whether the proposed use of the copyrighted material is covered by the "fair use" defense to copyright infringement. Fair Use under Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts... View More
I sent a concept design to a potential client who ended up using it without my permission. I used my firm's email address as I was at work during a lunch break when I sent it. I sent a cease and desist letter to the potential client who stole my concept design. Their lawyer responded by saying... View More
answered on Oct 28, 2022
Dear Mrs or Mr,
this case you have presented could be a serious issue which shall be handled by a qualified professional in IP matters in your area. You should seek IP professional in your country and present him or her with more details of the case as this can not be duly and... View More
We would like to take on clients to split the funds that the program makes from the buys/sells, but we want to be sure we do it the right way, legally and for tax reasons. We are researching resources to make sure we do this properly.
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answered on Oct 31, 2022
You might be considered a financial institution for purposes of US regulations. Since this app would have an online presence and an international reach, you'd need to ask this question in every jurisdiction where you process payments. it is likely you'll need more than one type of lawyer... View More
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