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Missouri Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Missouri on
Q: Can someone copyright a type of card?

I want to make my own cards for people to support their loved ones who are coming out as part of the LGBT community. However, other people are already doing that. Since that idea is so specific and unusual, could someone copyright that type of card? Or can anyone make any type of card as long as... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

The second. You can not protect the concept. You can only protect the content, its substance and look and feel. So you can protect the combination of words, in a specific style, graphics, artistic elements.

They need to be unique.

Consult with an attorney.

1 Answer | Asked in Intellectual Property for Missouri on
Q: I'm giving birth at 14 what rights do I have over myself and the child
Julia Lang
Julia Lang answered on Nov 4, 2020

I recommend contacting a Family Law attorney to discuss your specific situation.

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for Missouri on
Q: Would I be able to write a musical titled, “Danny Phantom the Musical” and use the likeliness of the characters?

I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... Read more »

James D. Williams
James D. Williams answered on Jul 26, 2020

The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
Read more »

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... 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... 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... 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... 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...
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 However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.

Paul Overhauser

317 891-1500

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