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Illinois Copyright Questions & Answers
1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Can the TLC channel display pictures of me or mention my name on a show without my permission?

-I was never interviewed

-I spoke to two people for a few days but never gave permission to be on the show

-I have never been on the news.

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 30, 2021

Depends.

Did they interview you?

Where you in the news?

For how long is your participation?

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Plantiff asking for unreasonable money in the name of trademark infringement & consequences if seller is outside USA

These days people are making money not by selling products but by filling case against small level dropshipping store in the name of trademark infringement. Platform like Ebay and amazon neither send any warning nor a solution to the seller once the case is filled. On the other hand plantiff ask... Read more »

Linda Liang
Linda Liang answered on Oct 30, 2021

If the trademark is not yours and you do not know of the alleged infringement of trademark, you should not be liable. You should at least hire an attorney to stop them from suing you. Even defending should not be expensive. They can ask what they want. What they can get it is another story. I would... Read more »

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1 Answer | Asked in Contracts and Copyright for Illinois on
Q: Hi. What are the steps and prices to putting my assumed named document in a newspaper in Cook County?
Jane Kim
Jane Kim answered on Oct 14, 2021

The process is pretty simple and is described in the form that you have to complete and file with the Cook County. If you are still having a hard time, contact a lawyer.

1 Answer | Asked in Business Formation and Copyright for Illinois on
Q: I buy throw pillow covers (Amazon and Walmart) and enhance the imagery and sell them. Am I infringing on a copyright
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 12, 2021

depends

It is not clear what you intent to do, you should consult with an attorney

1 Answer | Asked in Consumer Law, Contracts and Copyright for Illinois on
Q: Can I sue PlayStation if they won't give me access to games I have payed for?

I am a member of PlayStation Plus which gives out 2 free games each month but I am not being given access to 6 of the games, basically not allowing me to access 3 months of content I have payed for. I spoke with their management and they said it's an issue they are working on but there's... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 16, 2021

Probably not. check the terms of use.

2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

2 Answers | Asked in Copyright, Gaming and Intellectual Property for Illinois on
Q: If I want to resell a video game streamers highlights, do I need to obtain licensing from the video game publisher?

If its a case by case basis, what companies require a licensing agreement?

Omar Darwich
Omar Darwich answered on Jul 1, 2021

So you're talking about potential infringement and there are some specific details that need to be discussed.

Your best course of action is to consult with an attorney before making any decisions.

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1 Answer | Asked in Contracts, Copyright, Business Formation and Business Law for Illinois on
Q: US company refuses to Pay or give ownership. They are blackmailing me now.

In 2018, I went into an oral agreement with a person in the United States to build an online platform. I was responsible for all the tech from designs to coding etc. I live in Pakistan, we had this agreement orally over zoom.

He promised equity and delayed payment for my work. We agreed... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 23, 2021

You can sue him but it will be complicated and expensive

You may be able to sue in your country or in the USA

You should consult with an attorney to determine your options

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 23, 2021

Non Disclosure Agreement

That language should also be included in any contract with people that would do work for you

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: This is in regards to copyrighting an online image.

I own a small pressure washing buisness and I found a before and after picture of a house wash online. The image shows a house on the left side as dirty and then on the right side the same house but it’s clean after a washing. It’s a picture I used for my website and my postcards that I put on... Read more »

Kathryn Perales
Kathryn Perales answered on Mar 12, 2021

Based on your story, you don't appear to have explicit permission to use the photo, and may be infringing the photographer's copyright rights. Also based on your story, this photo is widely used and the photographer may not care, or may have intentionally placed the photo in the public... Read more »

1 Answer | Asked in Copyright for Illinois on
Q: Can I use the word "Masterclass" to describe a type of education I provide? For example, Strategic Planning Masterclass

The Masterclasses in general will be 90 to 120 minutes in length with a live and recorded option. Is this usage infringement on the MasterClass company?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 25, 2021

You probably can but it will be very diluted and common.

If you use common words you may not create any differentiation and will not have a protectable brand.

Consult with an attorney.

1 Answer | Asked in Copyright for Illinois on
Q: Arcade cabinet side art for personal use. is this derivative work?

I am making an arcade cabinet to sit in my basement and to be played by my family. The side art is a compilation of artwork from artists who drew video game characters but I changed the art so the characters look like members of my family. The poses, shading, expressions still look very much like... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 15, 2021

Using the work and creations of others is definitely infringement even if there is no economic benefit.

2 Answers | Asked in Copyright for Illinois on
Q: Can we call our men’s group at out church “Tool time-Equipping God’s Men.” Thanks for anything you could share. Ed
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 20, 2020

You should consult with an attorney so they can do proper searches, see if it is available and if it meets the requirements for a proper trademark.

Best luck!

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1 Answer | Asked in Copyright for Illinois on
Q: How much does it cost to register a trade mark?? Is it possible to register a special designed pizza?
Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

The U.S. Trademark Office charges $225-$275 per trademark application per "class of goods." Talk to a trademark attorney to see how many classes would be in-play for your application.

It is possible to register a pizza design as a trademark, but I would need to know a little more...
Read more »

1 Answer | Asked in Copyright for Illinois on
Q: Hello, I have a question about copyright, please.

I have been writing a book with the working title "take back beauty" (all lower case letters in the title, intentionally). A search for the phrase produced a copyright from a cosmetic company, Anisa International. Reading the copyright info, my use of the term is not in the same classes... Read more »

John Brendan Riordan
John Brendan Riordan answered on Aug 5, 2020

Hello, you are likely able to keep using this term. I believe what you are referring to are "trademarks" not "copyrights." A trademark is a "source indicator" for goods or services. These usually come in the form of a business name, logo, or slogan. Copyrights, on the... Read more »

2 Answers | Asked in Copyright for Illinois on
Q: If I were to use the name of a store with in a tv show for a t-shirt to make a profit. Does that go against copyright?
Bill Hulsey
Bill Hulsey answered on May 18, 2020

Probably. You should seek the approval of the show before selling the T-shirt.

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1 Answer | Asked in Copyright for Illinois on
Q: Is it legal to display logos of companies to compare data in results from trades in a image... example forbes vs usnews?
Barbara Berschler
Barbara Berschler answered on May 8, 2020

In order to meet a "fair use" test under copyright or trademark law, you should only use what you need to make your point. In your case your goal is to compare data created by the 2 companies. So while it may be OK to use their names, because you are using them in a factual context,... Read more »

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Is it legal to print the phrase “don’t worry be happy” onto a sweatshirt?
Tania Maria Williams
Tania Maria Williams answered on May 7, 2020

Probably not if the copyright in the song is still active.

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1 Answer | Asked in Copyright for Illinois on
Q: How unique does a jewelry design need to be to qualify for copyright protection?

I have a small online jewelry business and a competitor filed a notice of copyright infringement on the platform where I sell. The designs she mentioned are fairly simple using mass produced charms and embellishments available from common jewelry supply sites. I checked the registration number she... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

No the copyright protection in the photographs do not extend to the items themselves. However, it may be that she may thinks that you used the photographs (or she could just not understand how copyright works which is a strong possibility).

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