Get free answers to your Intellectual Property legal questions from lawyers in your area.
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answered on Jul 23, 2024
Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More 
Their business partner went to them the day they came out of a comma , and had them sign over the invention in which the patient held the patent, to when he was not mentally stable, and was promised royalties to in which he has never seen them. Then the partner sold the invention even though he... View More
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answered on Feb 27, 2024
If someone was made to sign over their invention while not mentally stable, especially coming out of a coma, the legality of such an agreement is highly questionable. The law generally requires that for a contract to be valid, all parties must have the capacity to understand the terms and the... View More
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answered on Feb 21, 2024
The First Amendment protects freedom of speech and expression, but its application in specific contexts can vary. When it comes to photos saved to a school account on a school device, the situation may not fall squarely within the realm of First Amendment protection. Schools often have their own... View More
They emailed me saying they have a deal with another company and only they and other authorized people can sell their product. They sent that yesterday. Today they sent an email threatening litigation if I don't comply with their cease and desist
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answered on Jul 30, 2024
When a company like GE contacts you with a cease and desist order, it's crucial to act quickly. First, review their email and the legal grounds they claim for their request. This often involves trademark infringement or breach of their authorized distribution agreements.
Responding... View More
Will I run into any legal trouble if I use the Chiefs logo, specific player names, past logos, or such on my clothing? A better way to say it is what can't I include and what can I include. Thank you.
answered on Nov 30, 2022
The answer/answers to your question/questions depend on various further details that must be presented from your side first so the advice can be given based on all relevant case information.
What I can definitely say, from the point of view of intellectual property law and trademark law, it... View More
I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .
answered on Feb 24, 2021
Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... View More
Hey all!
I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... View More
answered on Apr 27, 2020
Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... View More
My friend was walk through a parking lot and a cop approached her telling her to stay out of all parking lots because they are private property. We dumpster dive and want to remain in standing with the law.
answered on Apr 14, 2020
Yes. However, there is a gray area because they can be available to the public for their appropriate use (ie. using Walmart's parking lot to purchase goods at Walmart). Additionally, dumpster diving is also also a gray area and can be private or public depending on the jurisdiction and... View More
I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but... View More
answered on Apr 9, 2019
You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike... View More
Hello,
Thank you in advance for your time.
Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently... View More
answered on Apr 1, 2019
You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you... View More
I can identify the photography company, but have not been able to locate them through state and library records. The picture was take in 1955. I doubt I'm going to sell many copies, but am concerned about copyright infringement.
answered on Mar 18, 2019
This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or... View More
I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... View More
answered on Apr 17, 2018
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... View More
answered on Sep 17, 2017
Short answer: Maybe.
Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within... View More
answered on Dec 15, 2010
It depends on what you mean by your "own" photographs. If these are photos you took, yes, you probably own copyrights to them. If someone else took picture of you, they would own the rights to them. However, you may also have a "right of publicity," which would give you the... View More
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