Griffin Klema's answer Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that allows a non-exclusive licensee to take certain enforcement action or give the licensee certain benefits for the owner's lack of enforcement. For example, sometimes a license agreement may allow the...
Griffin Klema's answer Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?
So, if you really need to know the answer because a new business venture depends...
Alexander Florian Steciuch's answer Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with a survivorship affidavit and record it with the county. A survivorship affidavit usually requires a death certificate to be recorded.
Peter D. Mlynek's answer Well, I think that you are correct in worrying about Konami's intellectual property. As far as patents go, Konami has over 1100 patents on various gaming devices and methods. I imagine that some of them cover Yu-Gi-Oh!
I don't know which patents cover Yu-Gi-Oh!, but the patent numbers should be printed on the game or its container. If you do not see them there (they should be there), look at their website.
Aside from patents, you should also consider their trademarks (I...
Andrew Zulieve Esq's answer Under the facts that you describe, and absent any written provisions to the contrary, I would say that your work is a "work made fore hire" within the scope of your employment. If so, your employer owns the copyright to this work.
William J Webster's answer In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.
In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...
Benton R Patterson III's answer It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works for your business.
Benton R Patterson III's answer The other service mark makes it more difficult for you register the same words. A trademark attorney would need to review the variety of products sold by the other mark owner to determine whether your trademark application is likely to succeed. You should speak with a trademark attorney about your potential application.
Benton R Patterson III's answer You are probably safe to use the exercises in your book. Generally, an exercise, such as a bench press or a pull up, is not protected by copyright law. Although, keep in mind that the photographs or written descriptions of exercises in other sources likely are protected by copyright.
Jason Daniel Stone's answer Did you trademark the domain name or did you register the domain name, there is a large difference as far as your legal remedies go. I suggest you speak with a local intellectual property attorney to discuss this matter.
Paul Overhauser's answer You are not required to hire an attorney, but if you decide to prepare and submit your own application, you must comply with all requirements of the trademark statutes and rules and may be required to respond to legal issues raised by the the Trademark Office. Because the application process can be complex, many applicants hire an attorney to represent them. Your local Bar Association website may offer a referral service to help you find local attorneys who practice trademark law.
Paul Overhauser's answer Sorry, trademark offices (Federal or State) do not offer refunds, as registration is not guaranteed. The office will will conduct a search and will refuse to register your mark if there is another registered mark or pending mark similar to yours for related goods/services.
Paul Overhauser's answer No you do not need to be a corporation or LLC. You just need to be the owner of the trademark to file an application for registration. The owner controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used. The owner may be an individual, corporation, partnership, LLC, or other type of legal entity.
Paul Overhauser's answer You may be able to do both, if the logo contains sufficient creative content. Trademark protection would protect against someone else using a confusingly similar logo in thier business, even if they did not "copy" your logo (e.g., they coincidentally designed a logo that is similar). Copyright protection would protect against someone copying your logo, even if they do not use it as a trademark to sell a good or service.
Paul Overhauser's answer This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the driver. In Motschenbacher v. R.J. Reynolds Tobacco Co., 498 F.2d 821 (9th Cir. 1974), the court found that infringement had occured because the design of the race car was so famous, that it was associated with the...
Paul Overhauser's answer No, the "right of publicity" varies considerably from State to state, so check with an attorney in your state. Indiana is viewed as having the most favorabel "right of publicty" statute anywhere in the country, as discussed here: http://www.iniplaw.org/2010/12/horror-pops-lead-singer-patric.html
Paul Overhauser's answer Good question. If the logo is copyrightable, and making the logo was not within the scope of the employee's job, then the employee may own the copyright to the logo, meaning it could not be reproduced without infringing his or her copyright. However, the circumstances are highly fact specific, so you should consult with a copyright / trademark / intellectual property attorney for a more precise answer.
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