I reached out to a 3D company for figure printing, submitted an original design, but they did not fulfill the job, and I'm requesting a refund and was told that they own the rights to the 3D render(computer draw up) and the figures printed. The brand is trademarked under my name.
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answered on May 7, 2023
No, a printing company that doesn't fulfill a print job cannot own the rights to a trademarked design. The intellectual property rights belong to the creator or owner of the design, unless there is an agreement in place transferring the rights to the printing company. If you own the trademark... Read more »
answered on May 5, 2023
Although the author will always be the author of their own work, whether the author is also the copyright owner often depends on the terms of the publishing agreement.
Review your agreement, paying close attention to terms like "copyright"/"intellectual property" and... Read more »
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answered on May 2, 2023
Downloading old games from sites like archive.org can be a legal gray area. In some cases, the games may be considered abandonware and the copyright holder may have given up their rights to the game. However, in other cases, the copyright holder may still own the rights to the game and downloading... Read more »
I came up with the recipes and started a salsa company with my husband. The LLC and company logo are in his name and any contracts with stores, manufacturers and distributors are in my name. Since I came up with the recipes myself after years of trial and error can these be considered martial... Read more »
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answered on May 2, 2023
In a divorce, all assets acquired during the marriage are generally considered marital property, regardless of who came up with the idea or made the initial investment. This includes any intellectual property, such as recipes, that were developed during the marriage and used in a business. However,... Read more »
Like France Belgium Switzerland Mexico, Japan etc
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answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... Read more »
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
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answered on Feb 25, 2023
As the creator of the floral arrangements, you likely hold the copyright to those works. The photographer who took the pictures would have a copyright in the photographs themselves, but not in the underlying floral arrangements.
The use of the photographs of your floral arrangements by the... Read more »
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
answered on Feb 22, 2023
This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... Read more »
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answered on Jan 31, 2023
You may be out of luck.
Good companies listen to their customers. Often, a company is told of an idea by its customer, supplier, vendor, employee, etc., and the company develops the idea into an invention, which is then patented.
If you pitched your invention to company, then... Read more »
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answered on Jan 23, 2023
This is going to require that a patent attorney take a deep dive on the material that you provided and the nuances of the issued patent claims. There may be a path to correct inventorship to add you as one of the inventors. If you did not assign over your rights, then being a coinventor makes you... Read more »
I have come up with a novel formula of herbs that act as a strong stimulant together. I developed it over years to overcome difficulties at jobs and to keep me awake on overnight drives. It is stronger than energy drinks, at least for me.
I'm looking to protect as I seek to profit off its value.
answered on Jan 5, 2023
Very hard to say the exact and the only solution for you here. You should discuss this with your local intellectual property lawyer. In general, you can use the institute of trade secret and also carry some legal protection with it. However you need to meet some legal requirements for this and that... Read more »
- I’ve searched and it is not trademarked.
- The quote from the book is only 7 words and I am looking to sell my own artwork inspired by the book with the quote on it.
-the book was independently published
- I was under the assumption that short phrases cannot be... Read more »
answered on Oct 14, 2022
You really need to speak with a copyright attorney. It would seem that quote is quite generic. But most of the exceptions to use of copyrighted material revolve around non-commercial activity; your proposed use would be commercial, so you definitely will want to check into it before moving forward.
I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.
But I'm worried about getting in trouble with copyright or getting... Read more »
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answered on Sep 13, 2022
My firm represents several large YouTube channel creators and here are a few general tips I can share with you:
1. when using a third-party video clip in your video, make sure to use only the "minimum necessary" to help tell your story. Most copyright owners do not object if you... Read more »
I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.
But I'm worried about getting in trouble with copyright or getting... Read more »
answered on Sep 13, 2022
Dear Creator,
thats a very interesting question and I will gladly try to answer it.
At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as... Read more »
I produced a film in Michigan in 2018 and now someone is attempting to make a documentary about the event without my permission. Do I have the legal protection to ask them to cease and desist? They are a resident of Ohio and are attempting to interview not only myself, but members of the cast and... Read more »
answered on Jan 9, 2022
You would be wise to speak with an intellectual property attorney. If you are a producer of a commercial film, you may be considered a public figure, which affords you less privacy interest. Even if you are not a public figure, if the documentary is based on truth, I'm not sure what recourse... Read more »
she brought back my sweatshirts and she put a huge amount of glitter in them and made glitter spill on my apt floor
answered on Sep 24, 2021
Make a police report if you'd like. Otherwise, wash the sweatshirts, vacuum the floor, and vow to never deal with this woman again.
I got an Intellectual Property Infringement claim against us on our Etsy store for using photos sent in from customers that contained Gibson guitars. Gibson filed the claim and had our listings deactivated on etsy. I am working with them to get this resolved but I was wondering if I was to blur out... Read more »
answered on Aug 17, 2021
No, if it is a picture created by somebody else, you can not use it.
You are better off getting a no-brand guitar, take your own pictures.
answered on Jan 27, 2021
I am not going to give you an opinion on Niagen booster supplement containing naturally nicotinamide riboside (NR), because I do not know all the facts, but here are a few comments.
Generally, naturally occurring compounds are not patentable. Anyone can make, use, or sell such compounds.... Read more »
The character in question is "Karnov", a character created by the now defunct video game company "Data East", the current owner of this IP is "Gmode". This company redistributes Data East's old arcade titles as digital games online.
answered on Jan 21, 2021
Unfortunately this question will be answered with "it depends." If the character/IP is not being used, you may have some solid negotiating leverage in getting a good price. Please consult an IP attorney to help with this issue.
answered on Dec 28, 2020
Justia is a great resource for finding IP lawyers. And many IP lawyers can work in multiple states under certain circumstances. For example, I have litigated cases in Washington, Oregon, California, Arizona, and Indiana (among others).
I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »
answered on Sep 23, 2020
Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!
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