I am an Amazon entrepreneur. We manufacture picture frames using the names and team colors of NFL teams. We received notification about intellectual property violations. Amazin indicated it as design right infringement. But there were no logos, only team colors. I’d like to know where I can check... Read more »
Football logos are protected by trademark law. Trademark protection is recognized in the first user of the logo to associate the logo with good or services in a marketplace. The protection of that logo is automatic, but limited. For a larger set of legal protections, the logo owner should register...Read more »
During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... Read more »
Ideally use a personal contact, or find one. If none exist, you will have a hard time getting its attention. However, there is some precedent for Elon Musk taking notice of people who reach out to the company directly via Twitter. If you're lucky you might get someone's attention....Read more »
I want to create a social app for people that collect things, but I need public data to do it. For instance, this site http://www.tycollector.com/beanies/beanie-roster.htm has a list of all beanie babies and info about them. I need the data so collectors can id their items. They would be able to... Read more »
Copyright related to compilations of data is a specific area of copyright law and analysis of the exact list and estimations of the mental effort and transformation to the underlying facts in the list may be part of the analysis. If you are doing research on your own, and want a potential starting...Read more »
Yes. Broadly speaking if it's both a creative work (copyright) as well as a source identifier (trademark), then it may be covered by both types of IP. This is sometimes referred to as "industrial art."
It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees....Read more »
This is out of my practice area, but I can confirm that there are multiple types of protections: patents, copyrights, trade secrets, and trademarks are the main categories we often think of (with some subcategories I believe).
Each of these can be highly technical, and you will often find...Read more »
The only way to know is to search. Even if you search you may have some small risk that a patent application is ahead of you in the pipeline but is not visible yet. However, searching is the commercially reasonable way to reduce your risk of running into a problem.
Under the U.S. Copyright Act of 1976, as amended, copyright is automatic upon the creation and fixation of an original work of authorship in a tangible medium. Placing copyright notice is not required, but provides some worthwhile benefits. Registration with the U.S. Copyright is not required to...Read more »
The key here is whether the item in question is tangible or intangible. If it is tangible, like a book, painting, or the table in your example, then they can't restrict your right to that particular tangible item when they sell that item to you. However, if it is intangible like the rights to...Read more »
I just finished my first draft. To compose the climax of the story I used one of my favorite songs as an outline, as it fit perfectly with my tale. I did not use exact lyrics at all, and significantly expanded the story of the song. The narrative flow and sequence of events is the same, however.... Read more »
The US Copyright Office, looking at their FAQ, will issue registrations to minors, but does caution that (direct quote) "state laws may regulate the business dealings involving copyrights owned by minors."
(I've looked through the C.R.S. at LexisNexis, but one problem with... Read more »
Since you have access to LexisNexis, try searching for Colorado property ownership laws concerning minors. Or more specifically "intellectual property" ownership by a minor. You should be looking for a statute relating to minors and property, perhaps language like to “sue or be sued”...Read more »
An attorney would have to know more about the existing mark, your proposed and historical use, and the registration of the first mark to answer this question. Assuming the marks are for the same goods or services, the first mark is valid, and the other mark was used first, you probably cannot...Read more »
Most copyright infringement claims are decided buy the specific facts of the case. There is no hard rule for the majority of infringement cases. Direct and literal plagiarism is an undeniable infringement. A similar general plot and setting may be an infringement, but it could also not be...Read more »
Yes, a license is required if the derivative artwork is used commercially. For private use (without commercial use), the copying should fall under fair use or not be an infringement of a pre-existing copyright.
My concern is that even though they're in the public domain, they are still published today using the same basic format and design. Can I legally reproduce the old versions? The Farmers Almanac website acts is if they own all of them in perpetuity.... Read more »
There are other intellectual property rights involved here. These include trademark, trade name, trade dress, and potentially general unfair competition claims. All of these claims have no expiration date in which they become public domain (a concept that only applies to copyrights and patents)....Read more »
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.