There are many "photo trolls" out there seeking thousands of dollars for use of a single image. There are many different things we consider in deciding what amounts are fair and proper under the copyright law. For example, some factors to think of are:
I was a Ph.D. student working with my professor at University. We together applied for two patents, which were approved in the U.S. and Europe. My professor later started a company and licensed these patents from the University. Recently on the news, a large company sub-licensed these patents again... Read more »
Sorry, I wish I had better news, but you very likely are not entitled to any money from the patent.
Generally, when you are a Graduate Research Assistant, you are getting paid, either as a salary or in lieu of tuition, to do research. You were getting paid. As with any university in the...Read more »
l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.
Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling...Read more »
I designed the unique custom paint scheme for my car. Many publications take photos of custom vehicles then produce a product, magazine articles, for profit. Can a copyright protect me from someone else profiting off my labors?
Absolutely! You can definitley protect your design. Imagine someone took a picture off a photographer's website and printed it on their vehicle; just because they used it on their car doesn't mean they haven't infringed on that copyright! The important part is that it's not the...Read more »
I want to make t-shirts with the box logo, but without the word "supreme." I am making shirts with simular (looks exactly the same) font with the same red but it says "Winga." Is this illegal? I am also making shirts with other colors.
Non final rejection. Can I answer changing type of attachment peices I use on my product . They are placed in the same area on prior art, but I only use 3,making it much easier to use. they use 8 components. My product serves a different purpose than theirs. Their product cannot work... Read more »
I found a supplier for my product who is based in China, they have the mold of this product, but it is branded with the name of an Australian company who previously bought from this supplier. The Australian company has a copyright registered in Australia. Could I sell this product with their name... Read more »
Maybe. Trademark rights are based on use, and if no one is using the mark in the US (either the Australian company or anyone else), then you might be able to sell the product or even acquire trademark rights to the name or logo. I suggest you read Person's v. Christman, 900 F.2d 1565 (Fed....Read more »
Hi, I'm curious if I re-purpose damaged comic books, manga books and books in general into household use items and sell them if it is intellectual property and/or copyright infringement? Would this be considered fair use of the original item or transformative use of the items since I am taking... Read more »
It sounds like you have done some homework on this issue, which is great! It could be a transformative use. However, it really depends on how much you change the original copyrighted work into a new work. As for your second question about marketing your products, that is a separate issue that gets...Read more »
I received a certified letter regarding a silicone pipe that I currently sell on many platforms including my own website. The company stated that they have a patent pending on it and that I have to: immediately stop marketing the product, remove the product from all selling platforms and send them... Read more »
I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or... Read more »
Fair is in the eye of the beholder. A lyricist who composes a song with someone else gets 50% of the royalty for the song, not the recording of the song. The royalty is split between the song writers and the publisher. If there is no publisher, then the song writers get the entire royalty. Now...Read more »
Looking for examples of regulatory violations, recalls, class action, civil, or other cases related to software in vehicles. This could also include intellectual property cases associated with open source software. I'm keen to discover how much influence open source software has had, so far,... Read more »
Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with...Read more »
This is a difficult question to answer without studying the two games in detail because there are several aspects of a game that can be copyrighted. But, I can try to give a few pointers. Illustrations and the bone shaped pieces are protected by copyright. Basic game of chance concepts with dice...Read more »
Copyright in images typically does not apply to parodies, and it is unlikely you can libel a famous person (a "public figure") with a political humor under the First Amendment and New York Times v. Sullivan unless your statement is presented as a fact and you have "actual...Read more »
I've heard of people having their jewelry on etsy removed due to having a semicolon in their design. It does refer to the project semicolon organization but is just the actual punctuation mark, not their logo or anything like that. Is it still not allowed?
I see no basis for an IP assertion of rights re: simply a semicolon. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...Read more »
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