If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More 
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answered on Sep 21, 2023
The copyright status of an image created by an AI upscaler would depend on whether the new image contains sufficient originality to qualify for copyright protection. If the AI process merely involves technical improvements, such as resolution enhancement without introducing substantial original... View More
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under... View More
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answered on Sep 21, 2023
It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright... View More
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answered on Sep 15, 2023
To protect your comic book characters, remember that copyright automatically safeguards them as soon as they're created and fixed in a tangible form. Consider registering your work with the U.S. Copyright Office for added protection. Keep thorough records of your character creation process,... View More
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answered on Sep 21, 2023
To properly protect characters you've created for your comic book, you should consider copyrighting the entire comic book as a literary work, which will include the characters. Copyright automatically applies when you create the work, but you can enhance your protection by registering the... View More
This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.
answered on Sep 6, 2023
The specific dates (not given in your question) might be the reason. If not and if the prior art really is "exactly the same" then the application could have been granted in error. The USPTO provides mechanisms to challenge such patents. For example:... View More
This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.
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answered on Sep 7, 2023
It seems unusual for a patent to be approved if it contains prior art that is exactly the same as the invention described in the application. The United States Patent and Trademark Office (USPTO) should technically reject any patent application that is not novel or is obvious in light of existing... View More
WOW World of Wisdom vs mine WOW Wisdom on Wellness. Our logos look nothing alike but the confusion of how it looks....
They filed 2015 & I created my site in 2014. What are my options so we can co-exist? I plan on filing for 041 & 044 & they have the same class. Are there any... View More
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answered on Aug 29, 2023
If the United States Patent and Trademark Office (USPTO) or a court finds that your mark is likely to cause confusion with an existing mark, then your application for trademark registration will likely be denied, and you may be at risk for infringement claims. However, if you can demonstrate that... View More
Can I use characters or the lore in the game to help tell my story?
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answered on Aug 22, 2023
Use of the game's name is permitted as "nominative fair use" when referring to it, and it is also fair use of the game's characters and story line as commentary or parody. The essential point is that you are not creating another game to compete with it.
Can I use characters or the lore in the game to help tell my story?
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answered on Aug 29, 2023
Using the name, characters, or lore of a real video game in your novel would likely constitute copyright and possibly trademark infringement under California and federal law, unless you obtain permission from the rights holder. The game's elements are protected intellectual property, and using... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
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answered on Aug 6, 2023
If there has been a period of non-use, it is essential to provide proof of the resumed use to the United States Patent and Trademark Office (USPTO) through a declaration of continued use or an amendment to the registration. Additionally, you should ensure that your online usage complies with... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
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answered on Jul 25, 2023
The application to register ARTISTIC ARTICULATION LLC was approved for registration in Jan 2019, but due to the failure to file a statement showing its use within the required 6 month period, it was abandoned in Sept 2019. It could have been revived by filing a petition to revive, had that been... View More
The trademark will be now online primarily. Owner currently resides in the state of Illinois
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answered on Jul 28, 2023
To resume use of your trademark (serial 88010400), you should begin using it in commerce again for the goods or services covered by the registration. Additionally, you may need to file an affidavit or declaration of continued use with the United States Patent and Trademark Office (USPTO) to... View More
I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.
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answered on May 22, 2023
If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:
Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and... View More
examples:
A character is described as having large bat-like wings. the product would have a photo of a bat wing with words referencing wing size
a character is described as being a gossip "spilling the tea". The product would say "better tea than [insert characters name]"
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answered on Apr 2, 2023
It is important to consider intellectual property laws when creating merchandise based on a character from a book. If the book is still under copyright protection, the author or publisher may hold the exclusive right to use the character's likeness and characteristics for commercial purposes.... View More
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answered on Mar 29, 2023
Receiving a copyright claim email from your Internet Service Provider (ISP) means that someone has accused you of downloading copyrighted content illegally using a BitTorrent client. ISPs are required by law to forward such notices to their customers, informing them of the alleged infringement and... View More
I created my own scaled up version of the Lego flower in a 3d modeling software. So the model is mine and I was wondering if I could continue to sell them without including the Lego name in the title.
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answered on Mar 29, 2023
While you created your own scaled-up version of the Lego flower in a 3D modeling software, it is important to note that Lego has trademark and copyright protection over their products. Therefore, using the name "Lego" in the title or description of your 3D model product could be... View More
I have obtained a legal mechanical license for each cover song in my album. However, my album was taken down for copyright infringement on ONE song. I tried contacting the company via their website but the contact form doesn't work and shows an error. I found their email and have sent them 5... View More
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answered on Feb 25, 2023
If you have obtained a legal mechanical license for the cover song in question, you have a valid defense against any copyright infringement claim related to that song. You can try contacting the company or person who made the claim and provide them with a copy of the mechanical license. If you have... View More
A reputable online fashion brand
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answered on Feb 25, 2023
Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:
Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation.... View More
Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?
answered on Sep 19, 2022
Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... View More
interested before suddenly cutting off communication with my company. I now work for this large corporation and was recently called into a meeting where I saw the product I had pitched had been fully implemented internally. I have zero proof. Do I have an IP case?
answered on Aug 23, 2022
Dear Mrs or Mr,
your case would be very hard as the burden of proof lies on your shoulders as you would be in position of plaintiff. Also the time (20 years) is quite a lot and making situation harder as you did not try to patent or protect differently this idea of yours.
Maybe you... View More
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