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South Carolina Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
Alan Harrison
answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
James L. Arrasmith
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answered on Mar 16, 2024

If an artist has given you explicit permission to use their images, including those posted on Facebook, for your book, then you generally have the right to use those images according to the terms laid out by the artist. Ensure that this permission is in writing and clearly states the scope of use,... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
James L. Arrasmith
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answered on Mar 7, 2024

Based on your description, it sounds like you have created a unique design for a mouse pad that incorporates the concept of the 52-week challenge. In this case, you likely do not need a patent, but you may want to consider copyright protection for your specific design.

Here's why:...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
Jabari-Jason Tyson-Phipps
Jabari-Jason Tyson-Phipps
answered on Mar 6, 2024

It depends: It can be both.

A copyright protects original works of authorship fixed in a tangible medium of expression. This includes creative works like art, literature, and graphic designs. So for the design of the mousepad you may be able to file a copyright for those specific creative...
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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

James L. Arrasmith
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answered on Jan 13, 2024

To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Can a company use a logo I made for them however they choose without my permission?

I created a logo for a small business and we did not sign any documents stating that he could use that logo anywhere or to create products. It was agreed that if he needed any products like cards or advertising materials or uniforms that he would order them through me. We did do that on a couple... View More

James L. Arrasmith
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answered on Aug 29, 2023

Under California law, the absence of a written agreement typically means that the creator of the logo retains the copyright, notwithstanding its use by the company for specific, agreed-upon purposes. Since there was an oral agreement that the company would order products like business cards and... View More

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1 Answer | Asked in Trademark, Business Law and Intellectual Property for South Carolina on
Q: I own salt life cleaning llc and received notice from salt life llc (clothing) that I was trademark infringement

My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.

2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
James L. Arrasmith
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answered on Aug 6, 2023

It would be prudent to retain legal representation in this matter, as a trademark infringement lawsuit can be complex and requires a deep understanding of intellectual property law. An attorney can analyze the specific claims made against you and develop a strategy to defend your rights. Should you... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
David Aldrich
David Aldrich
answered on Aug 2, 2023

Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for South Carolina on
Q: I was informed that I am the owner of several proprietary software patents and need to find information about what I own

To my understanding a ruling was made in my favor based on the fact that these patents were registered to my email address

James L. Arrasmith
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answered on Jul 28, 2023

If you have been informed that you are the owner of several proprietary software patents, it is crucial to gather all relevant documentation and information related to these patents. This includes any registration certificates, correspondence, and any official communication regarding the patents.... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for South Carolina on
Q: Can I name my online vintage clothing store “Jean Genie Vintage” after David Bowie’s song?

I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).

I’m wanting to get an LLC to protect my business. But I don’t want... View More

James L. Arrasmith
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answered on Jul 11, 2023

The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More

Q: Can I get royalty from my name being on a patent for heart surgical clamps invented specifically for my heart surgery?
James L. Arrasmith
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answered on Jul 10, 2023

Having your name on a patent does not automatically guarantee you royalty payments. The rights and compensation associated with a patent are typically determined by agreements made between the inventors and relevant parties. To assess your potential for royalty claims, it's important to review... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: can I publish via audio and print a public domain archived book that has been republished by another publisher?
James L. Arrasmith
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answered on Mar 29, 2023

If a book is in the public domain, it means that its copyright has expired, and it can be freely used, copied, and distributed by anyone. However, if another publisher has republished the book, they may have added their own copyright or trademark to the work, such as an introduction or notes. In... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I took pictures of a baseball game of a relatives child with their blessing. Can I use the pictures on my business page

The parents are not speaking to me now, years later, and are complaining about the photos on my business page

James L. Arrasmith
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answered on Mar 29, 2023

If you had permission from the parents to take and use the photos, and there was no written agreement specifying the terms of use or limitations, you likely have the right to use the photos on your business page. However, if the parents are now objecting to the use of the photos, it may be best to... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
Stephen E. Zweig
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answered on Jan 28, 2023

Given that you are talking about your grandfather, I am going to assume that you are talking about a patent that issued more than 20 years ago. Perhaps even in the 1950s or earlier?

Patents don't last forever. These days they last about 20 years from filing. Earlier US patents lasted...
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1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: How do you dispute this trademark its a former member of the car club trying to steal the logo
Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

An intellectual property attorney could advise best, but your question remains open for three weeks. Some questions here go unanswered, but you could try reposting and adding the headings - Trademarks, Intellectual Property. You'd have better chances of a response. Good luck

1 Answer | Asked in Trademark and Intellectual Property for South Carolina on
Q: I am making an NFT CALLED AETHERIA will that be am issue since the word is trademarked?
James L. Arrasmith
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answered on May 22, 2023

Using the term "Aetheria" for your NFT may potentially raise trademark concerns if the word is already trademarked by another entity. Trademark protection extends to various industries and categories, so it is important to conduct a comprehensive search to ensure there are no conflicting... View More

3 Answers | Asked in Intellectual Property and Trademark for South Carolina on
Q: Question on International Classes as listed in the USPTO can there be more than one per class?

My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.

We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... View More

Timothy John Billick
Timothy John Billick
answered on Dec 29, 2020

It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.

That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any...
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