Get free answers to your Intellectual Property legal questions from lawyers in your area.
Greetings all, would desperately love to hear your expert opinions.
I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.
I purchased the original artwork from the original owners who had this commissioned as... View More 
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answered on Jun 27, 2024
To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:
1. Copyright duration:
In the United States, for works created before... View More
Greetings all, would desperately love to hear your expert opinions.
I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.
I purchased the original artwork from the original owners who had this commissioned as... View More
answered on Jul 25, 2024
Based on the information provided, here's an analysis of your situation regarding the reproduction and potential copyright of the artwork:
Original Artwork Ownership:
You have purchased the physical artwork and have a bill of sale, which gives you ownership of the physical... View More
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answered on Jun 14, 2024
Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More
Signed deal for 1 product and now asking for revenue share from everything else that was developed later on but no agreement / amendment was signed?
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answered on May 18, 2024
In general, a person or company cannot claim revenue share for products they did not have a signed agreement for. If they only signed an agreement related to one specific product, that would typically not entitle them to revenue from other products developed later unless those subsequent products... View More
I made a website that uses free copyrighted values. The owner claims that my site acts as a material substitute for their site and demands I remove all references and usage of their values. I don't know if there's anything I can do in this situation besides comply.
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answered on Mar 1, 2024
In this situation, it's important to carefully review the claims made by the owner of the copyrighted values and assess whether your website does indeed act as a material substitute for their site. Consider the extent to which your website relies on or replicates the copyrighted values, and... View More
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answered on Feb 28, 2024
Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:
- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and... View More
We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?
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answered on Feb 25, 2024
Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More
I'd like to post content to Onlyfans and add stickers from a photo editing application that are characters from anime shows.
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answered on Dec 1, 2023
Using anime stickers from a photo editing application on pictures you intend to post on Onlyfans can raise copyright issues, particularly if the characters are copyrighted material. Copyright laws protect the creators' rights to their works, including anime characters, and using these... View More
answered on Nov 6, 2023
If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More
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answered on Nov 8, 2023
To determine if the kayak you plan to purchase from another country is patented in the USA, you should conduct a patent search. You can start by searching the United States Patent and Trademark Office (USPTO) database. Look for patents on the design or utility of the kayak by using relevant... View More
The idea is pretty straightforward: It would be a platform that allows for firms or individual lawyers to post meritorious cases in need of funding, once a case is posted investors will be able to browse through them and pledge money to cases they think will yield them a future ROI. The value I see... View More
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answered on Aug 29, 2023
Your idea falls within the realm of litigation finance, a growing field that faces various ethical and legal considerations, including the potential for champerty or maintenance. Transparency and thorough due diligence would be essential in structuring your platform to ensure it complies with the... View More
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answered on Aug 5, 2023
I understand the importance of finding the right patent attorney for your specific needs related to gun holsters, particularly pocket holsters. While I cannot directly connect you to an attorney without a conflict, I recommend contacting your local or state bar association. They usually have a... View More
A convention is using two mascots designed and created by an independent artist. The convention willfully granted the artist full ownership of these characters in 2021 in writing.
Recently the artist wished to cease their affiliation, as such both sides terminated her contract with them... View More
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answered on Jul 28, 2023
Given that you have obtained the rights to the characters from the artist, you have the legal authority to negotiate with the convention regarding the use of these characters on their materials and merchandise. If the convention refuses to cooperate, you may explore legal options, such as sending a... View More
I believe that my father invented things for the government and or contractors. How can I know for sure if it is him and not someone with the same name?
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answered on Jul 10, 2023
To determine if your father is the inventor of certain patents, you can take several steps. Start by gathering information about your father's work history and any potential inventions he may have been involved in. Check if he had any affiliations with government agencies or contractors. Next,... View More
I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
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answered on May 22, 2023
Using the phrase "i am UNIQUE" may still raise trademark concerns if "I Am Unique!" is a registered trademark. Trademark protection extends to similar phrases, even if there are slight variations in capitalization or formatting. It is important to conduct a comprehensive... View More
I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
answered on May 17, 2023
It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... View More
Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.
answered on May 9, 2023
Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... View More
answered on Mar 23, 2023
It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it... View More
answered on Jan 30, 2023
Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.
Just because a... View More
answered on Oct 27, 2022
Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.
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