Ive been contacted my a third party image rights company on behalf of a photographer for copyright infringement for a couple images used on a clients website. However, there was no indication these images were copyrighted. Is it legal to charge someone a fine without warning, If there was no... Read more »
A copyright is established the moment the content is created. In order to use someone else's photograph, you must obtain consent (i.e. a license) to do so. A copyrighted image (or any other copyrighted material) does not have to have any sort of markings or other indication of copyright; rather,...Read more »
I am a representative for a gaming company's game. I have legal permission to use their IP and game contents and materials for my own use. However, many other entities have created illegal content using the company's IP and game materials without legal permission to gain their own profit. Not only... Read more »
Probably not, unless your license agreement expressly allows you the right to enforce, or you are the exclusive licensee. Oftentimes the intellectual property owner retains the right to enforce or license the IP to others (non-exclusive license), though sometimes there is contractual language that...Read more »
Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the...Read more »
We are only three on deed of property our father resided until his passing. One brother also died 15 years prior to my father. Now my remaining brother and I want to sell property. Will we be required to give a death certificate or other documents to transfer property to new owner? And would... Read more »
Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with...Read more »
Would creating a digital card game with some mechanics that are similar to Yu-Gi-Oh violate some patents? Specifically, one shared mechanic is that the "field" or playing area is divided into 10 zones in 2 rows for each player, with "creature cards" placed in the front row, and other cards placed... Read more »
Well, I think that you are correct in worrying about Konami's intellectual property. As far as patents go, Konami has over 1100 patents on various gaming devices and methods. I imagine that some of them cover Yu-Gi-Oh!
I don't know which patents cover Yu-Gi-Oh!, but the patent numbers...Read more »
I developed an educational program that my company charges clients to use. It was something I had developed both prior and during employment with the company. There was never any terms written about who owns the material. If I decided to leave the company, do I have ownership of the educational... Read more »
Under the facts that you describe, and absent any written provisions to the contrary, I would say that your work is a "work made fore hire" within the scope of your employment. If so, your employer owns the copyright to this work.
What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it
I don't guess there is anyway around it. But there is a company with a name and I would love to keep working on my start up and use their name. Mine will be bottled teas they sell lose leaf in a store. I know I can register the name with it being in a different state. So I could do okay small scale... Read more »
It is certainly possible to license the right to use another company's trademark or purchase it outright from them. Trademark transactions are fairly common. I recommend speaking with a trademark attorney on how to approach the other company and working out a licensing arrangement that works for...Read more »
I checked the USPTO for the name I wanted to trademark ("Sincerely Sweet") for a line of dolls I designed and want to sell. There is already a Service Mark "Sincerely Sweet" for a retail store selling a "variety of products" made from other companies. Would I be able to trademark "Sincerely Sweet"... Read more »
The other service mark makes it more difficult for you register the same words. A trademark attorney would need to review the variety of products sold by the other mark owner to determine whether your trademark application is likely to succeed. You should speak with a trademark attorney about...Read more »
You are probably safe to use the exercises in your book. Generally, an exercise, such as a bench press or a pull up, is not protected by copyright law. Although, keep in mind that the photographs or written descriptions of exercises in other sources likely are protected by copyright.
It was bankrupt years ago and has changed hands several times but I have found service manuals online and some are available in PDF version, which I believe is impeding on my rights as the business owner. I sell manuals made specifically for the machines, but why buy mine if they can purchase one... Read more »
Did you trademark the domain name or did you register the domain name, there is a large difference as far as your legal remedies go. I suggest you speak with a local intellectual property attorney to discuss this matter.
You are not required to hire an attorney, but if you decide to prepare and submit your own application, you must comply with all requirements of the trademark statutes and rules and may be required to respond to legal issues raised by the the Trademark Office. Because the application process can be...Read more »
Sorry, trademark offices (Federal or State) do not offer refunds, as registration is not guaranteed. The office will will conduct a search and will refuse to register your mark if there is another registered mark or pending mark similar to yours for related goods/services.
No you do not need to be a corporation or LLC. You just need to be the owner of the trademark to file an application for registration. The owner controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used. The owner may...Read more »
You may be able to do both, if the logo contains sufficient creative content. Trademark protection would protect against someone else using a confusingly similar logo in thier business, even if they did not "copy" your logo (e.g., they coincidentally designed a logo that is similar). Copyright...Read more »
This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the driver. In...Read more »
No, the "right of publicity" varies considerably from State to state, so check with an attorney in your state. Indiana is viewed as having the most favorabel "right of publicty" statute anywhere in the country, as discussed here:...Read more »
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