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Illinois Copyright Questions & Answers
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...
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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).

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: I am writing a book of pet knowledge and after 50+ years of study i say that the Glofish in the pet shops are fake.

the fiction out there says they are .GMO and are both copyrighted and pattented. Can this be true of a fish?

mike

Peter D. Mlynek
Peter D. Mlynek answered on Apr 22, 2020

There are patents on Glofish. See for example, https://patents.google.com/patent/US8378169, which has expired.

Glofish is also trademarked. There are about 37 different trademarks "Glofish" or a variation thereof; I how many of those are associated with the fish.

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Illinois on
Q: Can I sell items on Etsy made from patterns I found on Pinterest? What is law on licensed fabrics?

I have found a lot of conflicting info. Some saying that you can't copyright a pattern, and that final product is "your" work so you can sell.

Others saying that no you can't. Very confused!!

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

it requires an analysis of the pattern, and see if it is owned or copyrighted by somebody.

Think of the Louis Vuitton pattern.

In general just because you see it somewhere it does not mean it is free

Make a Consult appointment

Marcos.

Counsel for the...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: I have just opened an online store and I have concerns about copyright infringement.

I would like to know about what is portected and what is not protected using photos from on line downloads, for T shirts designs.

James D. Williams
James D. Williams answered on Mar 14, 2020

Ultimately it depends on where you get the photos and what is in them. If you are using photos that are downloaded from Adobe Stock Photos or a service where the photos are provided to users for posting on public pages, then you might be able to use them, generally. However, if you are finding... Read more »

1 Answer | Asked in Copyright, Estate Planning, Intellectual Property and Trademark for Illinois on
Q: Can a fingerprint be trademarked to protect intellectual and pyshical property?
Tania Maria Williams
Tania Maria Williams answered on Feb 20, 2020

Trademark protection is based on use as a source identifier of goods or services. If that fingerprint isn't identifying the source of a good or service, the likely answer is no.

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Would use a name like 'Madhatter Custom PC Mods' for a business, YouTube channel or Social Media name infringe on Disney
Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.

Robyn T. Williams...
Read more »

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1 Answer | Asked in Copyright for Illinois on
Q: Received a notice from my ISP that Fllen Productions Inc is pursuing me for bittorrent download of a movie. Reading

the internet Ads would indicate that I can be liable for up to $150,000.00 for this action. As a layman, this appears to be unrealistic and I am trying to figure out if these attorney ads are just trying to scare me into using them at high payment rates. how do I get honest advice?

Tania Maria Williams
Tania Maria Williams answered on Feb 13, 2020

The damages a copyright owner may be entitled to for illegal downloads can be costly but it depends on the circumstances. Sometimes they just want you to stop doing it and sometimes they do come after the person for full damages. If you want honest, real advice, feel free to email me at... Read more »

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: If my wife has a medical drawing that she wants to sell and protect her rights to the drawing what is the process?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: Hi How much do you charge for getting me a trademark registered'
Enrico Schaefer
Enrico Schaefer answered on Oct 4, 2019

If you need a trademark availability opinion before you register, that is $800 including the third-party fees. If you need trademark registration, that is $1200 including USPTO fees

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

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