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Maryland Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
Alan Harrison
Alan Harrison
answered on Mar 22, 2024

It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.

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2 Answers | Asked in Copyright and Intellectual Property for Maryland on
Q: IS COLORING SOMEONE ELSES MANDALA DESIGN FRAMING IT AND SELLING IT ILLEGAL??????
James L. Arrasmith
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answered on Mar 22, 2024

Coloring someone else's mandala design, framing it, and selling it can involve legal and ethical issues. It largely depends on the copyright status of the original mandala design. If the design is under copyright, using it without permission for commercial purposes could infringe on the rights... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Maryland on
Q: I need help selling this patent. Do you know a company that will take on a single utility patent to sell? US 9968703 B1
James L. Arrasmith
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answered on Feb 23, 2024

There are companies and individuals who specialize in patent brokering and licensing, assisting patent holders in selling their patents to interested buyers. These entities typically have networks and connections within industries relevant to the patent's technology, allowing them to identify... View More

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Maryland on
Q: Looking for Guidance on Sale of Microsoft PowerPoint Templates

I am looking to operate an online business where I sell online courses and PowerPoint templates as materials with the course. I have seen that a Microsoft Office Home and Student license is not allowed for commercial purposes.

Questions List:

1. Is the Microsoft Professional license... View More

James L. Arrasmith
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answered on Feb 21, 2024

1. The Microsoft Office Professional license may indeed be suitable for distributing materials such as online courses and PowerPoint templates for commercial purposes. However, it's essential to carefully review the terms and conditions of the license to ensure that it allows for the specific... View More

2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

James L. Arrasmith
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answered on Feb 21, 2024

Using images created using AI websites for your small business ideas, such as selling t-shirts or stickers online, raises questions about copyright and intellectual property rights. While AI-generated images may not have a human creator in the traditional sense, they can still be subject to... View More

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2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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1 Answer | Asked in Internet Law, Copyright, Business Formation and Intellectual Property for Maryland on
Q: Can I use free Canva elements/graphics on logos, pdfs, blog posts, social media accounts, and other course materials?

The Canva terms of service are a bit confusing. My understanding is that if I have the free Canva plan and use only free Canva elements, I can essentially use the pictures/designs for anything I want besides selling them directly (in the context of trying to compete with Canva). I am starting an... View More

James L. Arrasmith
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answered on Dec 26, 2023

Your understanding of Canva's terms of service is largely on track, but there are nuances to consider. With a free Canva plan, you can use the free elements in your projects, including logos, PDFs, blog posts, social media, and course materials. This is generally acceptable as long as... View More

1 Answer | Asked in Copyright and Intellectual Property for Maryland on
Q: If you combine different images you get from Google to make one art piece can you sell it ?

Ex: I’m trying to make a joker for a T-shirt to sell but instead of getting a picture of the joker from Google I just take a stencil of someone face and find the hair and mouth from different images and combine them then add extra things to the face such as tattoos . Is that now considered my art ?

James L. Arrasmith
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answered on Dec 4, 2023

Combining different images sourced from Google to create a new art piece for commercial purposes, such as selling on a T-shirt, involves important copyright considerations. Each image sourced from Google is likely protected by copyright, unless explicitly stated otherwise. This means that using... View More

1 Answer | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Maryland on
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need...

...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.

Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

James L. Arrasmith
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answered on Nov 17, 2023

If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More

2 Answers | Asked in Entertainment / Sports and Intellectual Property for Maryland on
Q: I am signing up with a music library. They sent over a writer’s agreement that mentions a $1 buyout fee. What is this?

It also mentions a writers share. Would this be the “pay” for music I send to them going forward? Is a buyout fee standard in music licensing?

James L. Arrasmith
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answered on Nov 8, 2023

A $1 buyout fee in a writer's agreement usually indicates that the music library is paying you a nominal sum for the rights to your music. Essentially, they're buying out your composition for a very small fee, which often means you may not receive future royalties from that piece.... View More

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1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Maryland on
Q: Writing a song based off another

I'm writing a song but it's based off another 90% words have been change composition and meaning could they sue me?

James L. Arrasmith
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answered on Sep 14, 2023

If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: Is the following application able to be patented:

Device for Hygienic Extraction of an Acne Related Impaction

Publication number: 20110087239

James L. Arrasmith
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answered on Sep 11, 2023

Determining whether a specific invention can be patented involves a detailed analysis of the patentability criteria, including novelty, non-obviousness, and utility. You can check the current status of a patent application through the United States Patent and Trademark Office (USPTO) website using... View More

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 21, 2023

Did you search for other fishing accessories that use the same concept even if the item is not identical? To be awarded a patent, one must pass through several filters. While being new is a filter, the harder one is being non-obvious. The latter test asks whether someone with access to all... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

James L. Arrasmith
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answered on Sep 11, 2023

If you believe your idea is unique and has not been previously disclosed or patented, the next step could be to document your invention thoroughly, including potential designs, uses, and benefits. It might be advisable to consult with a patent attorney to explore whether patent protection would be... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

David Aldrich
David Aldrich
answered on Aug 24, 2023

You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier... View More

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2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Felicia Altman
Felicia Altman
answered on Jul 3, 2023

In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.

If you would like to...
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2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Mark Oakley
Mark Oakley
answered on Jul 3, 2023

If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not...
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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 24, 2023

The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... View More

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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

James L. Arrasmith
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answered on May 2, 2023

The cost of obtaining a trademark for "Train Like A Freak" would depend on various factors, such as whether you hire an attorney or file the application yourself, the number of classes of goods or services you apply for, and the potential challenges or oppositions to your application.... View More

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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

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