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1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: Next fall our festival wants to do a Yellowstone national Park theme and use yogi bear crew as mascs. Can we

We would like to do memes on our Facebook page through the year encouraging events. And have props during festival.

We do a special edition shirt each year of 100 if possible would also like to include yogi with ours& Yellowstone parks in the print

James L. Arrasmith
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answered on Jan 14, 2024

Using Yogi Bear and his crew as mascots for your festival, especially in conjunction with Yellowstone National Park, requires careful consideration of intellectual property rights. Yogi Bear is a copyrighted character owned by Hanna-Barbera, now part of Warner Bros. Entertainment. Therefore, using... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
T. Augustus Claus
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answered on Aug 2, 2023

if you have a unique and novel method of using words or phrases on specialty balloons that involves a technical process or innovation, you may be able to seek patent protection for that specific process or invention. It's essential to consult with a qualified patent attorney who can evaluate... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
James L. Arrasmith
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answered on Aug 5, 2023

Certainly, it's an intriguing concept to patent specific words or phrases used on specialty balloons. Under federal law, patents typically cover inventions or discoveries, such as new processes or products, not words or short phrases. However, you may be able to protect unique words or phrases... View More

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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: is copyrighted music for video game credit scenes considered fair use
T. Augustus Claus
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answered on Jul 25, 2023

The use of copyrighted music in video games, including credit scenes, is typically not considered fair use. Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright owner under certain circumstances, such as for purposes of... View More

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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: is copyrighted music for video game credit scenes considered fair use
James L. Arrasmith
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answered on Jul 28, 2023

Using copyrighted music in video game credit scenes without permission is generally not considered fair use. Fair use is a limited exception to copyright law and is subject to specific legal criteria, such as for purposes of criticism, comment, news reporting, teaching, scholarship, or research.... View More

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2 Answers | Asked in Copyright, Intellectual Property and International Law for Indiana on
Q: Would there be issues if I made a podcast sharing stories I heard from various social media outlets?

I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?

James L. Arrasmith
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answered on Apr 2, 2023

Sharing stories from social media on a podcast could potentially raise legal issues related to copyright infringement and privacy violations. Although social media platforms are considered public domain, the stories posted on them are still protected under copyright law. Therefore, you would need... View More

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2 Answers | Asked in Copyright, Intellectual Property and International Law for Indiana on
Q: Would there be issues if I made a podcast sharing stories I heard from various social media outlets?

I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

Social media is not considered public domain. Social media platforms are just a public forums where people post their content. However, the people posting aren't necessarily relinquishing their rights by posting there. Also, giving credit doesn't really help if what you're doing... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: If i own a home in the sandestin resort and rent it out by owner, can I use the name sandestin in my groups, ads etc?

For example: A private facebook group named Sandestin Book Direct with Owner

James L. Arrasmith
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answered on Feb 25, 2023

It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... View More

1 Answer | Asked in Copyright for Indiana on
Q: Can I sell my aviation and automotive photographs?

As a photographer can I, for example, sell my photograph of a Ford Mustang, and describe it in my listing as a "photograph of a Ford Mustang", without Ford’s written permission?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 30, 2023

Yes, of course you can. Using a trademark in the description of the photograph is "nominative fair use" of the mark, and not an infringement.

1 Answer | Asked in Copyright for Indiana on
Q: Some people I know are selling shirts with known designs (such as Louis Vuitton) on them. What laws are being broken?

Some people I know are selling shirts with known designs (such as Louis Vuitton) on them. They have used a variety of designs from multiple internet sources (such as Etsy, Instagram, Pintrest, etc.). They claim to have dealt with the copyright issues, and bought the necessary rights to use these... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 28, 2022

Even if the copyrights have been licensed, which we agree is a doubtful claim, use of the famous apparel brands on fake goods is trademark infringement.

An informative article on apparel trademark law is here:

https://www.thefashionlaw.com/resource-center/trademark-law/

1 Answer | Asked in Copyright and Intellectual Property for Indiana on
Q: How do I report Grinch /Dr. Suess themed photo shoots for infringing?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 3, 2021

Look up the manager of the rights.

1 Answer | Asked in Copyright for Indiana on
Q: Is it legal for me to stream myself (on twitch or youtube) reading a book that I own? Would it fall under fair use?

Basically something i've been wanting to do is get back into reading since it's not something that really happens a lot anymore in the common world. I would also like to share what I am reading with others so that they to might find enjoyment in it, I would not be showing the pages/screen... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 21, 2021

In general probably not.

You would be infringing several property rights.

Consult with an attorney.

1 Answer | Asked in Copyright and Business Law for Indiana on
Q: Can the word supercalifragilisticexpialidocious be used as part of my logo.

Can I say Mary Poppings. Where everything is supercalifragilisticexpialidocious.

Kathryn Perales
Kathryn Perales
answered on Jan 28, 2021

You can probably say supercalifragilisticexpialidocious - it does not appear to be registered to anyone. You probably could even register it.

"Mary Poppings" is more problematic - Disney has the "Mary Poppins" mark registered for some goods and services, and they...
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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: I am writing a parody of Elsa and Anna I have a disclaimer stating it is a parody

The names are the same there our no pictures of the charcters them self can i write the book under section 107 of the fair use act

Jason Brooks
Jason Brooks
answered on Jan 22, 2021

Works of parody are generally acceptable forms of "fair use" protected from what would otherwise would amount to copyright infringement. As you've alluded, Section 107 does provide several examples of fair use, including uses of copyrighted works “for purposes such as criticism... View More

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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... View More

Kathryn Perales
Kathryn Perales
answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... View More

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2 Answers | Asked in Copyright and Trademark for Indiana on
Q: In 2010 I coined the name ColdArted. I recently discovered someone in Illinois trademarked the same name. What can I do?

In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... View More

John Brendan Riordan
John Brendan Riordan
answered on Jul 23, 2020

There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... View More

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1 Answer | Asked in Copyright for Indiana on
Q: Hi, can words to a copyrighted song be completely rewritten and used with the musical beat of the original?

I've created a new footwear product and brand and would like to launch a brand awareness video with completely rewritten and new, non similar lyrics to a copyrighted song; However, my lyrics are to the beat of the original song. Will I be infringing by using the beat?

Evelyn Suero
Evelyn Suero
answered on Jun 24, 2020

Unless the beat is in the public domain, musical beats are also protected by copyright. Using a musical beat without permission/license(s) could result in a claim of copyright infringement.

1 Answer | Asked in Copyright for Indiana on
Q: Is the word Solo trademarked to where I can't use it?

I want to create a record company and I want the name to be Blue Solo Records. I'm not sure if the word solo is trademarked so am able to use the name and make t-shirts with the name.

John B. Hudak
John B. Hudak
answered on Jun 13, 2020

Trademark rights are obtained by using the mark to identify the source of goods or services. Federal registration does not make a particular word, phrase, or symbol a trademark. The use of the trademark makes the particular word, phrase, or symbol a trademark. One can commit trademark... View More

1 Answer | Asked in Criminal Law, Copyright and Intellectual Property for Indiana on
Q: Does Indiana state civil or criminal law prohibit a party from selling knockoff clothing/copied sewing patterns?

I was informed that Indiana criminalizes parties who sell knockoff clothing where the knockoff item duplicates the exact sewing pattern of another brand's clothing. There is no intellectual property infringement in the act of selling knockoffs, as long as the knockoff is not using a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 9, 2020

If it is a knock off it is implied it is violating some intellectual property.

IF it is not violating a copyright, trademark, patent, personal image, etc. then there is no violation and it is not a knock off.

IF IT feels wrong, don't do it.

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