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New York Intellectual Property Questions & Answers
2 Answers | Asked in Intellectual Property, Trademark and Internet Law for New York on
Q: Legal issues in naming my website "Business Journal" for a global audience due to similar names in different niches.

I want to create a website about textiles and clothing under the name "Business Journal," for which I already hold a trade license. The content will be created online, focusing on a global audience, rather than my home country. I've noticed there are similar names in other online... View More

Christie Dudley
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Christie Dudley
answered on Jul 7, 2025

If you have a trade license for "Business Journal" for a country outside of the United States, it does not apply to within the United States. That name is already registered to a nationwide entity doing business on business. You can make your website available unblocked on the internet,... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can I trademark "The Maytals" for performing and recording in commerce?

I would like to know if I can legally trademark "The Maytals" for use in performing and recording. I plan on using this name in commerce, and I am aware that "Toots and the Maytals" is currently registered.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Jun 19, 2025

Registering a trademark for "The Maytals" in connection with performing and recording would might face significant legal obstacles, if there are other trademarks including the word "Maytals".

Even if trademark names are not identical, the USPTO examining attorney will...
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2 Answers | Asked in Intellectual Property, White Collar Crime and Criminal Law for New York on
Q: Copyright claim pressure for Instagam video payment demand.

I'm receiving financial pressure regarding a video of a dog I posted on my Instagram page, which has 89k followers. A copyright filer contacted me via direct email demanding a payment (initially $1000, then discounted to $500) to remove the copyright claim, even though I've already... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 9, 2025

Yes, based on your description, this situation could potentially be considered an abuse of the Digital Millennium Copyright Act (DMCA) system—and in some cases, it might even approach the line of coercion or bad faith conduct, though calling it “extortion” has a specific legal threshold.... View More

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I use plot elements from a soon-to-be-public domain film in my book adaptation?

I am writing an adaptation of the novel Dracula, altering characters' roles and personalities. My character, Dr. Murray, shares similarities with Dr. Seward from the 1931 Dracula film in occupation and fatherhood of Mina, but I have not copied dialogue, plot, or storyline. I understand the... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 9, 2025

You could use a character like Dr. Murray, who is inspired by Dr. Seward from the nineteen thirty-one film adaptation of Dracula, as long as your book is published after the film enters the public domain. Once the film is in the public domain, you might be able to draw from its specific... View More

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4 Answers | Asked in Trademark, Business Law and Intellectual Property for New York on
Q: Can I take legal action if someone in NY uses my trademark without permission?

I registered my trademark on November 2, 2017, and I've recently discovered that someone in my state is using my trademarked name in their business and product labeling without my consent. We are in the same geographic market. Do I have grounds for legal action, and should I provide any... View More

David Aldrich
David Aldrich
answered on Apr 28, 2025

Provided you were using the mark in commerce prior to the other party, you can certainly take legal action.

If you are conducting commerce with the trademark across state lines (i.e., not just in NY), the first thing you should do is file a federal trademark application. If you engage them...
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2 Answers | Asked in Trademark, Business Law and Intellectual Property for New York on
Q: Can I trademark "Rivedil USA" with an existing distribution license?

I have a mass distribution license with an Italian company that owns the trademark "Rivedil" for paints. I want to know if I can trademark "Rivedil USA" while selling their products. Is this permissible, considering the original trademark is overseas and I have a distribution agreement?

Samuil Buschkin
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answered on Apr 24, 2025

You likely can’t trademark “Rivedil USA” without the Italian owner’s consent, as it uses their trademark. Check your distribution agreement—using or registering the mark without permission may infringe their rights.

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4 Answers | Asked in Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Is using various photos as reference for publishing art under Fair Use?

I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.

Some of the photographs... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2025

1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original...
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4 Answers | Asked in Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Is using various photos as reference for publishing art under Fair Use?

I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.

Some of the photographs... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 7, 2025

That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Alan Harrison
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answered on Mar 28, 2025

Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for New York on
Q: Can I use "Bloom Beauty Bar" internationally without legal issues?

I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 28, 2025

Trademark rights are generally territorial, meaning they're valid within specific countries or regions. So, a lack of registration in Ghana doesn't guarantee freedom elsewhere. It is possible that the name "Bloom Beauty Bar" is already registered within other countries.... View More

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Q: Can I patent a service idea to protect it from competitors?

I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?

Babak Akhlaghi
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answered on Mar 12, 2025

That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:

1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior...
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Q: Can I patent a service idea to protect it from competitors?

I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?

Alan Harrison
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answered on Mar 12, 2025

It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More

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2 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Can I name a latte "jellycat" at my NY coffee shop?

I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More

Emmanuel Coffy
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answered on Mar 3, 2025

You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More

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Q: If a trademark is being used for 2 different fields (by 2 different companies), can I trademark it in an unrelated field

The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More

Shefali Lakhani
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answered on Jan 17, 2025

Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More

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2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: If I write a song then someone writes the same song or steals my song and copyrights it, can I still copyright my song?

If I write a song and do not copyright it or publish it, then someone writes the same song or steals my song and copyrights it, can I still copyright my song and sue the person?

Sarah Teresa Haddad
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answered on Dec 27, 2024

You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.

You can still try to register your song at the US...
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2 Answers | Asked in Contracts, Intellectual Property and Business Law for New York on
Q: I paid for services and they weren't rendered. What do I do?

I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More

Joseph James Raetzer
Joseph James Raetzer
answered on Dec 30, 2024

I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More

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3 Answers | Asked in Copyright, Business Law and Intellectual Property for New York on
Q: My photos are being used on SHEIN without my permission. What can I do about this?

I have a small business where I sell handmade bracelets. It has come to my attention that

SHEIN used to of my photos.

David H. Relkin
David H. Relkin
answered on Dec 19, 2024

I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes...
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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

Sarah Teresa Haddad
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answered on Oct 13, 2024

In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More

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3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: A circle of 3D model copyright infringements

So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.

What if I get access to those models? Can I use them without the creator permission?... View More

Alan Harrison
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answered on Oct 10, 2024

Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More

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3 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Is Brew Good, Do Good the same as Brew Good. Do Good as far as trademark

Subject: Request to Cease Use of Trademarked Phrase

Dear Michelle,

We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More

Sarah Teresa Haddad
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answered on Oct 13, 2024

If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.

The Cease-and-Desist...
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