Get free answers to your Intellectual Property legal questions from lawyers in your area.
If I sold t-shirts with the words "SAD DAD CLUB" or "SAD DADS CLUB" printed on them but the words "SAD DAD" are trademarked for use on t-shirts, could I be reported for copyright?
answered on Nov 21, 2024
You are asking for a complicated legal opinion, which most attorneys will not provide unless you are a client. If you would like a detailed answer to your question, please hire a competent trademark attorney.
The test for trademark infringement is "likelihood of confusion."... View More 
Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More
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answered on Oct 7, 2024
I would want to think more about this before giving an opinion you could rely upon. First thought is that this seems like it MIGHT be a viable way to escape the need for a "sync license" as you would not personally be synchronizing the music to the images. But there may be court cases... View More
I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More
answered on Oct 4, 2024
When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More
I'm making home decor type gifts customizable, a customer can request the item to play their favorite celebrity song or tune. I Want to know if I can legally do this and if I can have item play either full song, partial song, just chorus, or instrumental
answered on Sep 9, 2024
Your idea of creating customizable home décor that plays celebrity songs is a unique and creative venture. However, using copyrighted music in products raises several legal concerns, and it’s essential to ensure you're compliant with intellectual property laws.
Here are a few key... View More
I have developed a solution to integrate Blood Collection , distribution and stakeholders. I would like to patent this solution so that I can seek for investments to build a complete product.
Regards
answered on Aug 19, 2024
Filing a patent for your prototype solution involves several steps. Here’s a general overview of the process:
1. Determine the Type of Patent
Utility Patent: Protects the functional aspects of your invention.
Design Patent: Protects the ornamental design of your invention.... View More
I had plans of creating a prototype of an idea. Due to a health issue, I unfortunately have limited time in terms of life. I want to be able to carry out this invention but am afraid that once I leave, the people I share this idea with, will say this idea was thought of by them when that is clearly... View More
answered on Aug 5, 2024
I'm sorry to hear about your health situation, and I understand your concerns about protecting your invention. It's commendable that you want to secure your intellectual property and ensure your ideas are recognized as your own.
To address your question: yes, it is possible to... View More
There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More
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answered on Jul 24, 2024
Creating a t-shirt with the phrase "I found my thrill on Bicycle Hill," which is a play on the famous song "I Found My Thrill on Blueberry Hill," might fall under parody, which can be considered fair use under copyright law. However, fair use is a complex area and depends on... View More
There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it,... View More
answered on Jul 25, 2024
Based on the information provided and the context of your query, creating t-shirts with the phrase "I found my thrill on Bicycle Hill" as a parody of the song "I Found My Thrill on Blueberry Hill" is likely to be considered fair use and not copyright infringement. Here's... View More
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answered on Jul 20, 2024
Creating and uploading amateur pornography in Texas is generally legal, provided that all participants are consenting adults. It's crucial to ensure that everyone involved is over the age of 18 and has given explicit consent to be filmed and have the footage distributed. Failure to verify ages... View More
answered on Jul 18, 2024
The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.
In the U.S., the "Fair Use... View More
answered on Jul 25, 2024
If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:
Copyright and Trademark Issues
Copyright:
Evangelion characters and logos are protected by copyright. This means that any... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 9, 2024
Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 25, 2024
Based on the information provided, here's an analysis of your situation:
Trademark Application Status:
Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is... View More
The reviewer denied my patent once claiming that my idea operated the same way as an existing product, once my lawyer better explained to him how it operates he agreed that he was wrong about it, but came back saying that if I combined two existing patents I could've get the idea to build my... View More
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answered on Jun 22, 2024
This is an interesting and complex patent law question. To provide a thorough answer, I'll need to explain a few key concepts in patent law:
1. Novelty: For an invention to be patentable, it must be novel (new). If your invention is identical to a single prior art reference, it lacks... View More
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answered on Jun 22, 2024
To determine if a tire with a neon tread embedded at the legal wear point is patented, you'll need to conduct a patent search. Here's a concise approach:
1. Search the US Patent and Trademark Office (USPTO) database:
- Visit patents.google.com
- Use keywords like... View More
An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More
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answered on Jun 13, 2024
It's understandable to feel distressed over being omitted from the inventor list for a decade. The organization has made efforts to correct the error by reissuing the patents with your name and providing the standard patent filing and issue awards. However, this action may not fully address... View More
An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More
answered on Jun 10, 2024
It seems highly unlikely that "emotional trauma" would be an element of damages in this context.
The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting... View More
This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?
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answered on May 31, 2024
Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More
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answered on May 19, 2024
To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:
1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.
2. Contact the patent owner:... View More
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