Your current state is Virginia
I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?
answered on Feb 2, 2023
LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... Read more »
answered on Jan 31, 2023
When the term of the patent or the copyright expires.
The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor... Read more »
answered on Jan 30, 2023
Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.
Just because a... Read more »
I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details
Status: 710 - Cancelled - Section 8
answered on Jan 30, 2023
BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... Read more »
I need to sign an NDA, but I am concerned about knowledge I own that may intersect with the client's.
answered on Jan 30, 2023
In general information that is generally known or knowable from public sources is not protected by an NDA. However, there is not enough information in your question to opine on your particular situation.
In my novel, the main character is using quotes from the non-fiction book to as aids to illustrate her own experiences, which she relates to the content of the quotes. She states that she's doing so because the book's author has already said things very well and she sees no point in... Read more »
answered on Jan 30, 2023
The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible... Read more »
I have my own source code, for an Deep Learning, GPT-3 based Artificial Intelligence, which is not associated in any ways with OpenAI´s ChatGPT. It was written from the scratch, and its well documented. How can I protect my code?
answered on Jan 29, 2023
Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your... Read more »
answered on Jan 28, 2023
I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.
If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric... Read more »
answered on Jan 26, 2023
MOANA is a Hawaiian word for "ocean" and is therefore a generic term, not capable of being registered by itself for exclusive use. Disney has registered DISNEY MOANA for use in films and entertainment, and as the name of a fictional character. Your use of MOANA would most probably be... Read more »
answered on Jan 24, 2023
One good way to research this is to use patents.google.com, type in various relevant keywords, and see what you find. For example, try: https://patents.google.com/?q=helmet+baseball+cap&oq=helmet+in+baseball+cap and various other variations.
"MagSafe" is trademarked by Apple.
answered on Jan 24, 2023
It would depend on the type of products. You should expect to be sued if you use "MagSafe" to market goods such as computers, mobile phones, battery packs, electrical cords, etc. For any other goods/services, you should definitely hire an experienced attorney to conduct a thorough... Read more »
...
answered on Jan 23, 2023
This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... Read more »
I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »
answered on Jan 24, 2023
Yes, you can legally sell the photographs. The practical enforcement of your copyrights, however, is a bit more complex. Recording a collection of a work of photographs with the U.S. Copyright Office should provide you with a useful tool to swiftly remove infringing articles from major online U.S.... Read more »
I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.
answered on Jan 22, 2023
Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.
For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.
answered on Jan 21, 2023
Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »
I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.
answered on Jan 20, 2023
Based on the facts presented, NO, they could not search you and your home...
unless they have probable cause.
Maybe have a friend with you to verify what happened.
Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America
answered on Jan 20, 2023
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »
Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?
answered on Jan 20, 2023
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... Read more »
The quotes would be from figures like Albert Einstein and Abraham Lincoln. All of which have passed on. Would these be free of copyright?
answered on Jan 17, 2023
The works of the ancient philosophers and Abraham Lincoln are definitely in the public domain. As for Einstein, who died in 1955, some of his published works may still be subject to copyright (Works published after 1923, but before 1978 are protected for 95 years from the date of publication.)... Read more »
The quotes would be from figures like Albert Einstein and Abraham Lincoln. All of which have passed on. Would these be free of copyright?
answered on Jan 17, 2023
Yes, in most countries these are in public domain and so you can use them on your merchandise.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
