Get free answers to your Intellectual Property legal questions from lawyers in your area.
I'm planning to start a YouTube channel, focusing on documentary-style content about cars, including my opinion, critiques, commentary, and insights. To make it engaging, I intend to use short video clips (under 10 seconds) from various sources like old car advertisements, magazines,... View More 
answered on Mar 23, 2025
This sounds like an archetypal example of fair use. But that doesn’t mean that you may not receive a copyright claim. That’s because some copyright owners have an arrangement with YouTube where uploaded material is scanned for copyright violations. If you receive this, don’t panic! You can... View More
I am in the planning phase of starting a business called Konnectabiz.com, which aims to connect small businesses with free resources. We plan to operate primarily in the United States with potential expansion internationally. We purchased the URL Konnectabiz.com, but we are concerned about the... View More
answered on Mar 19, 2025
The short answer is it depends. The first question is going to be whether consumers are likely to confuse Konnentabiz with a Connectabiz. If there is a likelihood of confusion between the two, the second question will be which entity was using their name (or trademark) in commerce first. In... View More
I am a jeweler wanting to copyright a few designs I've created to prevent other jewelers from using and profiting from my design style. My designs include gemstone wire-wrapped rings with a unique technique that not only makes them stronger but also features my own specific wire-wrapping... View More
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answered on Mar 16, 2025
(Regarding patent protection, in the United States there is a one-year grace period from your first public disclosure of the invention until the last day you can file a valid patent application. Elsewhere in the world there is no grace period; you cannot file a valid patent application after the... View More
I am a jeweler wanting to copyright a few designs I've created to prevent other jewelers from using and profiting from my design style. My designs include gemstone wire-wrapped rings with a unique technique that not only makes them stronger but also features my own specific wire-wrapping... View More
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answered on Mar 16, 2025
You could be eligible for copyright protection and design patent protection on the individual designs, and possibly also utility patent protection on the method of wrapping the wires (depending how long you've been doing it or if or when you published the videos).
I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More
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answered on Mar 14, 2025
There are multiple factors to consider. Using the name "Nuke Town Skate Co." could potentially run into trademark issues with Activision if they have "Nuketown" trademarked for merchandise like clothing, skateboards, or accessories. Even if your brand doesn’t reference the... View More
I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More
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answered on Mar 14, 2025
A court would consider several factors when assessing whether your proposed use of "Nuke Town Skate Co." might infringe on Activision's NUKETOWN name. First would be whether NUKETOWN, as used by Activision, actually functions as a trade mark, i.e. an identifier of Activision as the... View More
I am a co-founder of a California C Corporation startup, and I discovered that the company tricked me into working for free without any signed documents or issuance of shares. My business attorney informed me that I should have been paid under California law. The company is ignoring multiple... View More
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answered on Mar 13, 2025
Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.
California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:
1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
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answered on Mar 12, 2025
It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
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answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
I am planning to start a dropshipping business using Shopify, but I have no prior experience. I specifically need guidance on handling intellectual property rights and trademarks, as well as ensuring compliance with privacy laws and data protection standards in my online store operations. What... View More
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answered on Mar 9, 2025
Starting a dropshipping business on Shopify requires careful attention to intellectual property (IP) rights and privacy compliance to avoid legal issues. Here’s what you need to consider:
Intellectual Property (IP) Rights & Trademarks
Avoid Selling Counterfeit Goods – Ensure... View More
I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More
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answered on Mar 7, 2025
You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
answered on Mar 7, 2025
Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal... View More
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
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answered on Mar 7, 2025
Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.
I need legal help regarding a trainer who is writing a book falsely claiming personal experiences involving my son, James Edwards, using his full name and personal information without permission. The narrative is misleading, inaccurate, and hearsay, as the trainer was not involved in my son's... View More
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answered on Mar 5, 2025
You may have legal grounds to prevent the unauthorized use of your son's name and personal information in the book. Potential legal actions include:
Cease and Desist Letter – Have an Attorney send a formal demand to stop using your son's name and personal details.... View More
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More
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answered on Mar 3, 2025
You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More
I purchased a pixel art pack, and the license requires crediting the original artist while forbidding redistribution and resale of the assets, even if modified. I've created 3D voxel models based on these 2D sprites—transforming them from flat images into 3D objects, like boulders and walls... View More
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answered on Feb 24, 2025
Yes, the restriction on redistribution likely applies to your 3D voxel models because they are derivative works of the original 2D assets. Here’s a breakdown of the key legal considerations:
1. Understanding Derivative Works.
A derivative work is a creation that is based on or... View More
I plan to name my mobile game "Spriteventure," which hints at a retro, pixel-art style. "Sprite" refers to pixelated characters in the game and does not relate to the soda brand. I've found no existing use of "Spriteventure" on the internet. I plan to monetize the... View More
answered on Feb 21, 2025
Generally, you look at the similarity of the marks and the similarity of the goods. In this case, due to the distinctions between names and the goods, there is unlikely to any issue between the two specific marks you've identified. However, it's never possible to predict with certainty... View More
I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More
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answered on Feb 19, 2025
This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More
I am a retired Disney executive interested in writing a book about my experience in corporate alliances. I intend to include specific anecdotes related to Disney's corporate alliances but do not plan to use any Disney logos, trademarks, or copyrighted material. I haven't consulted any... View More
answered on Feb 17, 2025
It truly depends on what you specifically intend on writing about. However, the major things to be weary of is anything that could potentially be considered defamatory and anything that would be a trade secret that could interfere with their business. I would be very cautious.
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