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Washington Intellectual Property Questions & Answers
3 Answers | Asked in Business Law, Intellectual Property and Internet Law for Washington on
Q: Legal use of public domain comic book designs for online t-shirt store on platforms like Amazon?

I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.

I... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 10, 2025

That's a great idea! Amazon and other U.S. based platforms will apply U.S. law which includes the U.S. copyright period, which ls longer than in many other countries. For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. If it's a work... View More

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3 Answers | Asked in Business Law, Intellectual Property and Internet Law for Washington on
Q: Legal use of public domain comic book designs for online t-shirt store on platforms like Amazon?

I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.

I... View More

Sarah Teresa Haddad
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answered on Apr 10, 2025

For the designs that you plan to purchase, this usually means that you have the consent of the copyright owner upon purchase to distribute and modify the design. If Amazon receive a complaint about these designs, you can show them proof of the purchase and consent. Some comic book covers are so... View More

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2 Answers | Asked in Intellectual Property, Trademark, Libel & Slander and Personal Injury for Washington on
Q: Can someone claim my IP after abandoned trademark application and threats?

I have been receiving phone calls threatening to take away my rights to the image and work I created. I started a trademark application for them several years ago, but it was marked as abandoned due to failure to respond; I may have missed a communication. The callers have not disclosed who they... View More

Patrick A. Twisdale
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answered on Apr 6, 2025

There has been a rise in reports of scammers targeting individuals with threats related to their intellectual property. These bad actors often try to intimidate creators by making unfounded claims, and sometimes even misuse the name of a legitimate attorney or invent a fake organization to seem... View More

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2 Answers | Asked in Contracts, Trademark, Internet Law and Intellectual Property for Washington on
Q: Can I publish a game named "Buzzle" without copyright infringement, and if renamed, change the package ID "com.mycompanyname.buzzle"? Is "Bazzle" safe?

I am an indie mobile game developer planning to publish a commercial game on the Google Play Store. The name of my game is "Buzzle," which I discovered is already used by two other not very popular games. The existing Buzzle games are also puzzle games, but they have different core... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 31, 2025

A trademark covers a specific type of good or service, so registering "Buzzle" for a game and "Buzzle" for a pizza shop would probably not be an infringement. But when you have multiple digital games all called "Buzzle", there is more obvious scope for infringement.... View More

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2 Answers | Asked in Libel & Slander and Intellectual Property for Washington on
Q: Unauthorized use of son's name in book, seeking legal advice.

I need legal help regarding a trainer who is writing a book falsely claiming personal experiences involving my son, James Edwards, using his full name and personal information without permission. The narrative is misleading, inaccurate, and hearsay, as the trainer was not involved in my son's... View More

Emmanuel Coffy
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answered on Mar 5, 2025

You may have legal grounds to prevent the unauthorized use of your son's name and personal information in the book. Potential legal actions include:

Cease and Desist Letter – Have an Attorney send a formal demand to stop using your son's name and personal details....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: Is the term/name “Wheel of Calamity” trademarked or copyrighted in any way?

Intend to start a social media company under this title and want to verify its Existence amount other trademarked intellectual property.

Sean Goodwin
Sean Goodwin
answered on Nov 8, 2024

The best answer you will get to this question is from a trademark attorney who has conducted a legal analysis based on a clearance search. I highly recommend that you hire a qualified attorney to do this before you start spending money on advertising and then realize that you will have to rebrand... View More

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1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?

I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.

This has... View More

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More

2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: If you have been selling fanart (possibly illegally) what is the process if the copyright holder decides to take action?

I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you've been selling fan art and the copyright holder decides to take action, the initial step they might take is sending a 'cease and desist' letter. This is indeed a common first move. It serves as a formal request to stop the infringing activity. If you comply with this request... View More

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2 Answers | Asked in Copyright and Intellectual Property for Washington on
Q: If you have been selling fanart (possibly illegally) what is the process if the copyright holder decides to take action?

I have heard that most people selling fan art are small enough that they never end up getting in trouble, and I watched a lot of youtube videos where they said the most common first response if someone's art gets popular enough to be noticed is to get a 'cease and desist' letter.. is... View More

Eddie Burnett
Eddie Burnett
answered on Apr 5, 2024

The copyright holder (or their legal team) often starts by sending a cease and desist letter. After the cease and desist, there might be a period of negotiation or mediation to try and resolve the situation without going to court. This could involve agreeing to cease sales permanently, potentially... View More

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Is it legal to write a book using copyrighted plot and characters as a lense through which to describe to tarot cards?

There are many books out there describing the meanings etc of the classic 78 tarot cards but it is super hard to actually remember all of the information since it is so isolated.. so I was wondering if I could write a book explaining the meaning of each card by using an examples of characters and... View More

James L. Arrasmith
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answered on Mar 24, 2024

When using copyrighted characters and plots, particularly from well-known creations like Miyazaki's films, for your own published works, you're navigating complex copyright laws. These laws typically protect original creative works from being used without permission, especially in... View More

1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
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answered on Mar 8, 2024

When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I have a question about legal use of copyrighted images.

The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each... View More

James L. Arrasmith
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answered on Mar 5, 2024

When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Washington on
Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died
Peter D. Mlynek
Peter D. Mlynek
answered on Feb 28, 2024

Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Washington on
Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died
James L. Arrasmith
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answered on Mar 2, 2024

If your father held a patent from 1968 to 1983 and you believe his invention was unfairly used after his passing, it's crucial to understand the specifics of patent laws. Patents typically protect inventions for a limited time, which for many countries is 20 years from the filing date. Since... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Washington on
Q: Is the word paramount trademarked or copyrighted

.

James L. Arrasmith
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answered on Feb 21, 2024

The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Who owns book copyright when author deceased & publisher (church) is closed? Small indep church, not part of organiz

The copyright on the book says March 1969 with the church publishing house as the owner. The author-pastor (also my father) died three years ago. The church and its publishing house (ie printing dept) closed 20+ years ago. Now people want to e-publish the book and give it for free. As the daughter,... View More

James L. Arrasmith
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answered on Jan 22, 2024

The question of copyright ownership in a situation where the author is deceased and the original publisher is no longer operational can be complex. Under U.S. copyright law, the rights to a work created and published before 1978, such as your father's book from 1969, typically last for the... View More

3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

James L. Arrasmith
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answered on Jan 14, 2024

To revive or renew a trademark that was filed in 2007 but later abandoned, you'll need to start by understanding the current status of the trademark. If the abandonment was due to a failure to respond to an office action or failure to file required maintenance documents, the approach might... View More

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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Felicia Altman
Felicia Altman
answered on Jan 14, 2024

If a trademark was abandoned recently, you may be able to file a petition to revive the mark. However, if the trademark has been abandoned for an extended period of time you will need to re-file the application with the USPTO in order to regain rights in the original trademark filed. Many trademark... View More

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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 14, 2024

The intent-to-use application for EMBERFLY was allowed in 2007, but no statement of use or request for extension was filed. There has been no other application for the same mark. The same application cannot be revived, but a new application should be filed with a statement and specimen of use,... View More

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1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?"

I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with... View More

James L. Arrasmith
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answered on Dec 24, 2023

Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work,... View More

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