Get free answers to your Intellectual Property legal questions from lawyers in your area.
I have a patreon where I transcribe scenes (movies, television, video games, etc...) for actors to practice with. Would it be legal for me to add a link to a 30s-60s clip of the scene for reference if its unlisted-demonetized on youtube? Also, does the use of overseas media change anything?
answered on Jun 19, 2024
Here are a few thoughts on linking to copyrighted content on Patreon, but please note that this shouldn't be taken as legal advice:
In general, linking to copyrighted material, even if it's unlisted and demonetized on YouTube, could still be considered copyright infringement... View More
answered on Mar 20, 2024
If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional... View More
answered on Mar 15, 2024
If someone is infringing your product or process, you need to see a patent litigation attorney.
The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or... View More
answered on Mar 20, 2024
At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.
The first step is to consult a... View More
NA
answered on Feb 23, 2024
When creating a competitive collapsible water bottle similar to Hydrapak LLC, it's essential to consider several factors that may limit your design. Firstly, you should carefully examine any existing patents or intellectual property rights held by Hydrapak or other competitors in the market.... View More
My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?
answered on Feb 22, 2024
It is possible. You will need to consult with a patent attorney and go through the dates of specific events.
If your first patent application (possibly a provisional application) was filed long before any of the time bar triggers (public sale or offer for sale, public use, public... View More
My spouse filed for a patent on an invention and began selling it with 'patent pending' more than one year ago. She let the application lapse because it was not selling well. Now, it suddenly started selling. Is there any way to protect the invention?
answered on Feb 25, 2024
If the patent application lapsed and the invention has been publicly disclosed or sold for more than one year, under United States patent law, it may not be possible to file a new patent application for the same invention. The U.S. operates under a "first to file" system, and there's... View More
The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review
answered on Jan 18, 2024
When considering the legal aspects of your gym's t-shirt design, it's important to understand the concepts of trademark infringement and parody. Trademark infringement occurs when a new design is confusingly similar to an existing trademark, potentially causing the public to mistakenly... View More
The t shirt is purple and says “welcome to the judgement zone” this is a twist on a popular gym franchise. We used the colors yellow and purple and the shirt features a thumbs down in the middle. We can send the design for review
answered on Jan 17, 2024
Though I can't comment on your specific legal situation in this forum, I can offer some guidance on the fair use doctrines in US trademark law. In a combination of codified federal law and certain supreme court rulings, the development of a phrase or logo that parodies an existing, registered... View More
It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More
answered on Aug 15, 2023
Using shadow silhouettes of trademarked characters on the cover of your educational non-fiction book could potentially raise copyright and trademark issues. While the concept of shadows may lessen the likelihood of direct infringement, it's important to consider the overall impression and... View More
It is a book about positive, negative, and flat character arcs. The cover would preferably have easily recognizable shadows of characters that fit each arc type. Such as Han Solo, Walter White, and Wonder Woman. I have characters in the public domain in mind in case I need to go that route, but... View More
answered on Aug 10, 2023
This raises both copyright and trademark issues, but both bend in your favor.
The copyrights in the commercial depictions of the characters are owned by the producers, but allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship,... View More
It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.
answered on Mar 7, 2023
The company's trademark can be plain text, text with a graphic design, or a graphic design alone. You could also separately register the copyright in the graphic element if it is an original work. And if the products have original graphics, they can also be registered as copyrighted works. You... View More
It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.
answered on Mar 7, 2023
Trademarks and copyright protection are good business protection tools, but these two areas of law can be confusing.
Trademarks protect words slogans, phrases, and graphic art (such as a logo) that are used to identify a brand or a product's seller in the marketplace. Two companies... View More
It is a T-shirt company that will have a variety of artwork along with our basic name and slogan.
answered on Mar 10, 2023
Yes, it is a good idea to obtain copyright protection for any original artwork that you create and use on your T-shirts. Trademarks protect brand names, logos, and slogans that distinguish a company's products or services from those of others. Copyrights protect original works of authorship,... View More
I was selling tshirts on teepublic but they changed my account to apprentice level which means that generally, me designs don't appear in searches. So I started only uploading designs that I wanted to run a specific facebook add on or designs that I wanted for myself. I wanted a shirt with the... View More
answered on Aug 27, 2024
Using a copyrighted image like the Prince symbol without permission could lead to legal issues, as it is considered intellectual property. Even though other similar designs may be on the site, that doesn't guarantee protection from potential copyright enforcement. Large companies or rights... View More
the podcast would be sponsored, and the dnd game would be my own.
answered on Jul 18, 2024
Using the name "[dnd name] sparknotes" for your podcast could potentially lead to trademark issues. "SparkNotes" is a well-known trademarked brand, and using it in your podcast title might be seen as implying an association with or endorsement by SparkNotes. This could result in... View More
I took a photo of a bmw m3, in a public area and I edited the photo and designed it, and I’m wondering if I can put it on a shirt and sell it.
answered on May 7, 2023
In general, yes, you can take a photo of a car in a public area and use it for commercial purposes such as selling it on a shirt. However, there are certain legal considerations to keep in mind, such as potential copyright or trademark issues if there are logos or branding visible on the car.... View More
answered on Mar 27, 2023
You should consult with an attorney to make sure you are not violating anybody's rights.
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... View More
answered on Mar 25, 2022
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... View 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... View More
answered on Oct 27, 2021
The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.
Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a... View 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.