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New York Intellectual Property Questions & Answers
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...
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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...
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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...
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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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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: wanted to know firm attorneys contact copyright infringement Manhattan Federal court case
Tim Akpinar
Tim Akpinar answered on Mar 2, 2020

This is not a law firm (you ask about firm attorneys). It's only a Question and Answer board. If you need a copyright infringement attorney, you could look in the Copyright section here, or other Intellectual Property categories (you list Intellectual Property as a heading) if applicable, or... Read more »

Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 1, 2020

If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

1 Answer | Asked in Intellectual Property for New York on
Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

I'm very sorry for your loss. You could contact one of the attorneys here who practice in Puerto Rico, or you could repost your question in that geographical category. Go to "Other States," and you will see listings for attorneys who practice in Puerto Rico. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Have a question about cryptocurrency.

I just started working on a disruptive token to introduce in the crytpo space platforms in relation to the social & retail service settings. I'm in the U.S. and I am aware of the stringent regulations surrounding the issue of whether or not a token is considered a security. My token... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 25, 2020

Refer to the Howey Test, which is the most prominently used characteristics applied to analyze whether a debt or equity security exists. If you are still unsure, I would recommend obtaining counsel who is familiar with securities law. Remember, securities law is a federal issue for the most part,... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

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