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New York Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: I purchased an original Kodachrome slide at auction. Do I now have the right to reproduce the image for commercial gain?

The image on the transparency/slide appears to be one that was NOT selected for publishing by the original photographer. The slide that I own (Slide A) depicts the first picture in a sequence of at least two images taken a few seconds apart. Slide B (the second image in the sequence) was published... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 23, 2021

Very interesting situation you have here

You will definitely need an attorney to navigate these waters

Many questions come up.

Is it the only original?

where other copies made?

under what agreement do the owners of copies of the material got it?

what...
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1 Answer | Asked in Real Estate Law and Intellectual Property for New York on
Q: Should I answer a notice of pendency

The prospective buyer lawyer put a notice of pendency on my property based on the fact that the survey company was not allowed onto the property but then I complied and allow the survey on my property an extended extensions of closing dates and they still have not closed

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Your question is best directed to the attorney handling your closing. If your closing attorney doesn't handle litigation, you should consider retaining real estate litigation counsel to assist.

As for a lis pendens you should be aware of the following legal requirement:

2010...
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1 Answer | Asked in Intellectual Property for New York on
Q: hi everyone do you sell patents?

I own an hair care patent would like to enquire how much worth my patent in the US market .

Tim Akpinar
Tim Akpinar answered on Jan 19, 2021

There's a section here with the heading "Patents (Intellectual Property)." You could try reposting and adding that as a category. There's no guarantee all questions are picked up, but your post remains open for two weeks. Some questions do go unanswered in the end, but in that... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can I use the word capricorn on a hoodie and not get sued?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 26, 2020

Depends on whether somebody else is using and in what context

Consult with an attorney

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4 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

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1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

Q: I create custom sports cards. Is there any way for me to sell my custom cards legally?

So I design and print custom sports cards myself and recently I have been getting a lot of interest in them. I understand Panini has the sole rights to create and sell NBA cards. Is there a way to sell the cards I create without infringing on Panini’s rights? I’ve heard altering existing... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 20, 2020

There is not enough information here to answer this fully, but here are some areas of potential concern:

1) The NBA's rights to the trademarks of teams and their own marks

2) The Teams' rights to their own marks

3) Copyright rights to the photos you're using...
Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

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3 Answers | Asked in Copyright, Estate Planning, Intellectual Property and Probate for New York on
Q: If I wanted to publish my dead grandpa's written songs (he had no will), could his children sue me for the rights?

He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.

He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).

I want to publish his work, but I am afraid that... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.

Your use...
Read more »

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1 Answer | Asked in Intellectual Property for New York on
Q: I have a novel use for a product that’s been out for years Is that patentable?
Kathryn Perales
Kathryn Perales answered on Aug 13, 2020

Without knowing more, I'd say that it is unlikely but possible. If your invention doesn't change and improve an existing thing, then you'd only be looking at patenting a method to do something useful or to make something. If the method of using the existing thing is new, useful and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for New York on
Q: Is it legal to screenshot a Getty Images image I have embedded into my website from that website and then post it?

Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »

James D. Williams
James D. Williams answered on Aug 4, 2020

Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits.

If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually...
Read more »

2 Answers | Asked in Intellectual Property for New York on
Q: Can I use "Footloose" which is trademarked, in part of the name of my own business? For example, "Still Footloose"
Kathryn Perales
Kathryn Perales answered on Jun 15, 2020

Maybe. A trademark is reserved for a particular category of goods or services, sometimes more than one. So you wouldn't be able to use the same or a confusingly similar mark for the same or similar goods or services.

if you want to use the same mark for a completely different...
Read more »

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can I convert youtube video to audio, transcribe the audio & post them on my website with original video link/embed?

- To transcribe, I first need to convert the video to audio. And then use some automated service.

- I will include original video as link and/or embedded

- I won't store the audio. Audio is needed just for transcribing and will be discarded later (& will not be shared... Read more »

John B. Hudak
John B. Hudak answered on Jun 6, 2020

Reading about copyright on the copyright.gov website is a good place to read about copyright. There are circulars which explain many issues. Below are some sections of copyright law.

“Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Intellectual property question

Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I mimic/copy famous brand label ( logo vector)with changes? For example , Veuve clicquot champagne label

Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Not a good idea because not only would you be infringing the copyright rights but also the trademark rights of the owner of the famous brand.

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1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: researched attorney names case NY copyright infringement

wanted attorney names

case Manhattan NY

contact information

Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

You should be able to find that - go to the Copyright section here for attorney listings. You could also run your own independent searches. Good luck

Tim Akpinar

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is my movie streaming application at risk of copyright infringement?

Hi,

I am a programmer and I am creating an application involving streaming movies using a revolutionary technology. I am looking for a lawyer with copyright knowledge. The video files are provided as torrents and are not kept on the server. My questions are: Is it legal to stream the movies... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

Streaming the movies without a license to do so violates copyright. Think about Napster and all the MPAA litigation that was going on against ordinary individuals who were downloading content. The damages calculation could get very costly as well so I would caution against it.

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