Intellectual Property Questions & Answers by State

Intellectual Property Questions & Answers

Q: I purchase an adult coloring book. Do the colored images belong to me?

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Mar 29, 2017

The colored images after your draw them are yours for copyright purposes, but not the coloring book templates.
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Q: Can a plaintiff make a claim to obtain evidence in discoveries in an opposition?

1 Answer | Asked in Antitrust, Civil Rights and Intellectual Property for California on
Answered on Mar 27, 2017

This is a vague question. Perhaps you're referring to a Motion to Compel Discovery? See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=2030.300.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,...
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Q: If a corporation obtains my NDA in confidence..

1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and White Collar Crime for California on
Answered on Mar 27, 2017

You may have a case for breach of contract and possible IP infringement. Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Regarding the use of public figures names and public domain images in a retail card game.

2 Answers | Asked in Business Law and Intellectual Property for California on
Answered on Mar 26, 2017

Even public figures have a "right of publicity" to control how their name and image are used in commercial products. Be careful.
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Q: Can a plaintiff include a statement 'plaintiff will prove if this case enters the discoveries stage?

2 Answers | Asked in Intellectual Property and Civil Litigation for California on
Answered on Mar 25, 2017

Your opposition to a motion to dismiss can indicate that there is discovery to be completed, but you must address the merits of the motion itself. From your question, I cannot tell if you are in state or federal court. If in federal court, you should not be attempting to represent yourself. (Even in state court you should not try representing yourself.)

The nature of your question leaves many details open to conjecture, so it is difficult in the abstract to answer you. I would need to...
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Q: want to hire different illustrator on sequels for a picture book.Can the illustrator of 1st books say she own character

1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Answered on Mar 23, 2017

Your first illustrator can say whatever s/he wants about your contract, but this answer will depend almost entirely on what your contract actually says. Contact an attorney with experience in copyright law and ask them about the specifics of that contract.
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Q: Are business emails containing copyrighted files supposed to be deleted if you receive a legal notice to destroymaterial

2 Answers | Asked in Business Law and Intellectual Property for California on
Answered on Mar 22, 2017

Was there any sort of agreement in place prior to the potential business deal regarding confidentiality and/or nondisclosure?
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Q: Can I write a screenplay adaption of a novel in public domain using the same dialogue, and still have it protected?

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Answered on Mar 22, 2017

You may still be in violation of the copyright which can last well past the author's death. See: http://copyright.cornell.edu/resources/publicdomain.cfm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: I am going to take geo marker icon sign for commercial use. Would it be an infringement of patent USD620950?

1 Answer | Asked in Copyright, Intellectual Property and Patents on
Answered on Mar 18, 2017

Congratulations in worrying about this now, instead of when you are getting hit with C&D letters.

No patent attorney, including myself, is going to answer this question without the necessary study of the prosecution history, case law, etc., (and charging you accordingly). However, just on a 20-second review of the two documents, it seems that it is more likely that there is no infringement than there is infringement.
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Q: Is it possible for someone to sue me if I use their code in a game but the game is not actually theres?

1 Answer | Asked in Intellectual Property for California on
Answered on Mar 18, 2017

That sounds like copyright violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Can I use a domain name similar to a competitor?

1 Answer | Asked in Intellectual Property for New York on
Answered on Mar 18, 2017

You might face cybersquatting or IP litigation if it causes confusion in the relevant market. Why not be creative? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Is there a law firm or non-profit that specializes working with media owners (ex. NBC, Discovery, etc.) to archive TV?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Trademark on
Answered on Mar 13, 2017

If you're asking whether there are law firms who help individuals purchase the rights to media content in order to license, distribute, re-air, etc., the answer is a yes. My firm can do just that as well as many others.
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Q: Displaying others' marks in ads

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New York on
Answered on Mar 10, 2017

You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive a cease and desist letter. The best way to avoid this scenario altogether is to not show or blur/remove the logos of these products.

The materials provided herein are for informational purposes...
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Q: If I pay someone for art of my already copyrighted character, is it copyrighted to me or both of us?

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Answered on Mar 10, 2017

It would be preferable to have a formal "work for hire" contract with the artist, but since you purchased the work the presumption is that it conveyed with all property rights, especially as it is of your character.
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Q: My husbandand I were gifted a condo. We paid 2 yrs on it. Iam in fla he is Elpaso tx. How do we sell it not in samestate

2 Answers | Asked in Divorce and Intellectual Property for Florida on
Answered on Mar 9, 2017

Huh? You don't have to be physically present to sell it. Your husband, for example, can execute a deed to Florida property while in Texas.
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Q: I'd like to start making and selling percussion instruments under the name, Fitzgerald, inspired by the famous writer.

1 Answer | Asked in Copyright and Intellectual Property for California on
Answered on Mar 8, 2017

You'll have to license the right to use that name from the Estate of F. Scott Fitzgerald, otherwise you may violate the Estate's IP and publicity rights. See: https://www.lib.purdue.edu/uco/CopyrightBasics/basics.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
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Q: patent, copyright

2 Answers | Asked in Copyright, Intellectual Property and Patents on
Answered on Mar 7, 2017

Because my practice focuses on copyright law, I'll address that first: Copyright law does not protect ideas, processes, or functions; it protects the (artistic) expression of those elements.

An LED with its own design and application could qualify as a "useful article," which is a subset of "pictorial, graphic, and sculptural works." Generally speaking, useful articles are objects which have utilitarian functions, like an LED light. In some cases, these articles have an artistic...
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Q: Can my university legally claim ownership of my intellectual property?

1 Answer | Asked in Intellectual Property for Arizona on
Answered on Mar 5, 2017

Yes, unfortunately, it likely can. You probably signed some sort of an agreement to that effect when you enrolled in the school.

A couple of points:

(1) Once you graduate and start working for a magazine or newspapers, your work will also belong to your employer.

(2) As far as exploitation goes, here is the idea why that is happening: The tuition for universities has been rising at a fast clip for the past 30-40 years. The overburdened parents are putting pressure...
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Q: Can I still release a comedy film if another production released a project with the same name?

1 Answer | Asked in Entertainment / Sports and Intellectual Property for California on
Answered on Mar 5, 2017

You can use the title, provided that there are no prohibitions under unfair competition and trademark law, and both you and the owner of the other title are not members of the Motion Picture Association of America.
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Q: Are fictional brands on actual products OK?

1 Answer | Asked in Intellectual Property for California on
Answered on Mar 3, 2017

Make sure any brand you want to use is not protected by IP rights. See: http://www.wipo.int/about-ip/en/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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