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Missouri Intellectual Property Questions & Answers
1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Can I defend an Intellectual Property for selling an item on Amazon and receiving a Violation?

I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation of their Intellectual... Read more »

Griffin Klema
Griffin Klema answered on Nov 30, 2018

It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark infringement.... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: How do I deal with a Trademark infringement accusation ?

I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that notice were trademark... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Oct 5, 2018

Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications... Read more »

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Missouri on
Q: I prepared a research paper and sent it to my boss. I later saw it published with his name only. Is it legal?

I contacted the publisher and they are not willing to do anything. What are my options?

Peter D. Mlynek
Peter D. Mlynek answered on Nov 13, 2017

Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.

If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it may not be...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can I sell items using quotes from a public domain work, but taking the actual wording from a modern translation?

I am an artist wishing to sell posters with quotes from Marcus Aurelius' "Meditations". However, I would like to use the wording from a translation published in 2003. Is it legal for me to do this without compensating the publisher or translator?

Will Blackton
Will Blackton answered on Feb 25, 2017

There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.

(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original...
Read more »

1 Answer | Asked in Intellectual Property for Missouri on
Q: Is it possible to file a trademark request without an attorney?
Paul Overhauser
Paul Overhauser answered on Dec 15, 2010

Yes, you can, by going to uspto.gov. However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.

Paul Overhauser

317 891-1500

www.overhauser.com

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