Get free answers to your Intellectual Property legal questions from lawyers in your area.
Your current state is Ohio
is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful
answered on May 8, 2024
Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of goods or... View More
I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More
answered on May 11, 2024
In this situation, even without a formal written contract, you may still have a strong case to claim ownership of the cover design based on the emails you exchanged, which serve as evidence of your agreement and the work you provided to the artist. Here are some steps you can take:
1.... View More
I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More
answered on May 8, 2024
It's important that you have emails demonstrating what was to. In some States, a chain of emails can be a binding contract.
Contrary to what attorney Goodwin answered, you may accidentally have established "work for hire" - although this is unlikely. You could have a... View More
I bartered with a "friend" to do the artwork for cover to book. (A new Mini-fridge for her artwork.) I gave her the rough sketch of my cover and pictures of components in that sketch. She is now claiming it is her work and she will (or already has) put the cover on Facebook giving her... View More
answered on May 8, 2024
Under U.S. law, an original work of authorship fixed in a tangible medium receives an automatic copyright.
You own a copyright to your original sketches. You do not own your friend's artwork (at least the original components that she added) because you did not agree via contract with a... View More
102016015728 October 2017 DE
2916045
Other references
Translation of International Search Report for Application No. PCT/EP2021/053075 dated Apr. 16, 2021 (2 pages).
Patent History
Patent number: 11920679
Type: Grant
Filed: Feb 9, 2021... View More
answered on May 8, 2024
It appears that you have filed a patent application on your own and have received an Official Action that rejects some or all of your claims.
As a matter of statistics, inventors in this situation cannot get meaningful protection without the help of a patent attorney. However, I have no... View More
1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems?... View More
answered on May 6, 2024
I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.
1. Using elements inspired by an artist's... View More
For example, Lets say League of Legends has a character who has red hair and is dressed as a pirate. If I make a similar character and post graphic content around that (privately). Could they take legal action against me? What if I don't mention the characters name?
answered on May 6, 2024
This is a complex legal question that involves intellectual property (IP) law, specifically copyright and trademark issues. Let me break this down:
1. Copyright: Characters can be protected by copyright if they are sufficiently unique and well-developed. This means that creating a very... View More
Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.
answered on May 6, 2024
To use the character Waldo from the "Where's Waldo" series in your video game, you would need to secure the appropriate licensing rights from the copyright holders. Here are the key steps:
1. Identify the copyright holders: The "Where's Waldo" series was... View More
Me and a small team are working on an original and unique where's Waldo video game. We were wondering what process would we need to go through to earn the creative writes to use him in our game.
answered on May 6, 2024
There are five active trademark registrations for WHERE'S WALDO, owned by DreamWorks Distribution Limited (UK), in IC009 for eyewear, IC016 for books, IC025 for apparel items, IC041 for entertainment services, and IC028 for toys & games.
A video game would be in IC009, and although... View More
In some movies vampires use sunscreen. Is this act alone worthy of copyright? Vampire using sunscreen or magical ring or is not creative enough for it?
Cause I would to use a vampire sunscreen.
answered on May 5, 2024
Ideas themselves are not protected by copyright, but the specific expression of those ideas can be. This is a fundamental principle of copyright law.
In the case of a vampire using sunscreen, the general concept alone would not be copyrightable. The idea of a vampire protecting themselves... View More
I'm working with a wallpaper company who wants to make wallpaper from my artwork. For one piece, they want to remove the colored background and keep the original image that I created in the foreground. For another piece, they want to keep the actual drawing but just change the color lines that... View More
answered on May 3, 2024
The changes you've described - removing the colored background from one artwork and changing the color of the lines in another - would generally be considered derivative works under copyright law.
A derivative work is a new creative work that includes aspects of a preexisting,... View More
I am a composer and have ideas for poetry I'd like AI to help draft. I would then tweak it and use it as the text for choral compositions. I want to make sure that is legal or to learn if there are best practices around acknowledgements for the text. If I have to acknowledge Google Gemini for... View More
answered on May 3, 2024
Here are my thoughts:
1. Copyright: In most cases, the person who prompts the AI and curates the generated content is considered the author and copyright holder of the resulting work. However, it's important to review the terms of service of the AI platform you are using to understand... View More
I am a composer and have ideas for poetry I'd like AI to help draft. I would then tweak it and use it as the text for choral compositions. I want to make sure that is legal or to learn if there are best practices around acknowledgements for the text. If I have to acknowledge Google Gemini for... View More
answered on May 2, 2024
Copyright in GenAI work is a fascinating topic. I would love to discuss it with you. A short answer to your question is that the U.S. Copyright Office does not register copyrights for works produced by Gen AI. No court so far has told them that they have to. Without a registered copyright, there is... View More
answered on May 3, 2024
While you can technically use any number for a brand name, there are a few considerations to keep in mind when choosing "916" specifically for a graphic design company:
1. Meaning: Numbers often carry symbolic meanings or associations. Consider if "916" has any positive... View More
I need to know specifically what this patent protects in terms of the use case for a europallet stacking procedure
answered on May 11, 2024
Patents have a specific structure that includes an abstract summarizing the invention, a detailed description explaining how to make and use the invention, drawings if applicable, and most importantly, a claims section that defines the legal boundaries of exactly what is being patented.... View More
I need to know specifically what this patent protects in terms of the use case for a europallet stacking procedure
answered on May 2, 2024
If you give a competent patent attorney a set of patent claims and a specific product, the attorney can give you a pretty good guess as to whether a jury could be convinced that the product does or does not infringe the claims. A competent attorney will not answer an open ended question like the... View More
answered on May 2, 2024
I would advise against naming your indie game "Bang Bros" as that name is strongly associated with a well-known adult entertainment company. Using it would likely cause confusion and could potentially lead to trademark issues.
While I don't have definitive information on... View More
Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.
answered on May 19, 2024
I understand you feel wronged, but I have some concerns about the approach you're proposing. Here are a few important points to consider:
Sending a cease and desist letter with threats of a lawsuit is a very serious step that could escalate the conflict. It's usually advisable to... View More
Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.
answered on May 1, 2024
Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should... View More
Hello everyone, I'm looking into opening a business in Wyoming from abroad with no US residence. and I'm curious about the necessary paperwork and steps required to do so. Could anyone provide guidance on the specific documents and procedures needed to establish a business entity in... View More
answered on May 1, 2024
Starting a business in Wyoming from abroad is a structured process, and it's great that you're doing your research. First, you will need to decide on the type of business entity you want to establish, such as a corporation, LLC, or partnership. Each entity type has its specific filing... View More
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