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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Copyright for Michigan on
Q: Are newspapers / U. S. Censuses published before January 1, 1929, on microfilm in the public domain and free to use?

I am writing a history book for publication about people in my hometown who lived in the late 1800s. Since newspapers don’t exist anymore from that time, my two choices are either microfilm at my local library or websites that have digitized newspapers. Both options are nothing more than exact... View More

James L. Arrasmith
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answered on May 1, 2024

Yes, newspapers and U.S. Censuses published before January 1, 1929, are generally considered to be in the public domain in the United States and are free to use without restriction.

According to U.S. copyright law, works published before 1929 have fallen into the public domain due to...
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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Copyright status of the book The Eppleton Hall by Scott Newhall, 1971, copyrighted Howell-North books now defunct

This book was published once, about the voyage of the tugboat Eppleton Hall. This boat is in the collection of San Francisco Maritime NHP, and we have very few copies. The price of the book went way up after a YouTube video about the boat was posted. We'd like to make an electronic copy for... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 30, 2024

The public copyright catalog shows assignment in 1979 of the copyright in 122 titles including Eppleton Hall, from Howell-North Books to Leisure Dynamics of California, Inc. California records show that Leisure Dynamics' authority to do business was suspended in 1979 for failure to pay state... View More

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2 Answers | Asked in Copyright and Intellectual Property for California on
Q: Copyright status of the book The Eppleton Hall by Scott Newhall, 1971, copyrighted Howell-North books now defunct

This book was published once, about the voyage of the tugboat Eppleton Hall. This boat is in the collection of San Francisco Maritime NHP, and we have very few copies. The price of the book went way up after a YouTube video about the boat was posted. We'd like to make an electronic copy for... View More

James L. Arrasmith
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answered on Apr 30, 2024

To determine the copyright status of the book "The Eppleton Hall" by Scott Newhall, published in 1971 by Howell-North Books, we need to consider the following factors:

1. Copyright term: Under the Copyright Act of 1976, which took effect on January 1, 1978, the copyright term for...
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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

James L. Arrasmith
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answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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2 Answers | Asked in Gaming, Intellectual Property and Internet Law for Michigan on
Q: Would editing a game's .dll file, enabling something like dev tools and redistributing that file on github be illegal?
James L. Arrasmith
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answered on May 1, 2024

Editing and redistributing a game's .dll file without permission is likely to be illegal for several reasons:

1. Copyright infringement: Most games and their associated files are protected by copyright. Modifying and distributing copyrighted files without the owner's permission is...
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1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property on
Q: Could i use Iron Giant as a darts nickname and sell darts with an image of the Iron Giant?

I'm curious to know how the trademark works and copyright of the images.

James L. Arrasmith
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answered on Apr 29, 2024

There are a few intellectual property considerations to keep in mind here:

Copyright: The Iron Giant character and images from the film are likely protected by copyright, which is held by Warner Bros. Entertainment. Using copyrighted images of the Iron Giant on darts you plan to sell,...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: I'm writing a book which is called "The Tinder Killer", is it legal to use the word "Tinder" in the title and the logo?

Also is it legal to use it in the marketing of the book? Since I would be making money of the book, I'm assuming there could be some issues with using their name and logo if they haven't agreed to me using it. The book is fictional, and is about a murderer who uses Tinder to find his victims.

Lloyd Jan Jassin
Lloyd Jan Jassin
answered on May 24, 2024

Fortunately, the First Amendment states that there shall be “no law” restricting freedom of speech or the press. The fair use doctrine allows the use of a trademark when it is used in a way not to deceive the public. For example, it is a fair use to use a trademark in the title of a literary... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: I'm writing a book which is called "The Tinder Killer", is it legal to use the word "Tinder" in the title and the logo?

Also is it legal to use it in the marketing of the book? Since I would be making money of the book, I'm assuming there could be some issues with using their name and logo if they haven't agreed to me using it. The book is fictional, and is about a murderer who uses Tinder to find his victims.

James L. Arrasmith
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answered on Apr 29, 2024

There are a few potential legal issues to consider when using a trademarked name like "Tinder" in the title and marketing of a book:

1. Trademark infringement: Tinder is a registered trademark owned by Match Group, LLC. Using their trademark in a way that could cause confusion or...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if... View More

James L. Arrasmith
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answered on Apr 26, 2024

Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:... View More

1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: We are looking at starting a baseball facility with the name X. there is a softball facility with the name X softball.

Would this be an issue or would this be considered a different enough business to be allowed.

James L. Arrasmith
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answered on Apr 25, 2024

The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:

1. Trademark: If "X Softball" has a registered trademark for their name,...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Hi there, I am an etsy seller. I Had seen my product and photos used on Temu.
James L. Arrasmith
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answered on Apr 25, 2024

I'm sorry to hear that your product photos and listings have been used on Temu without your permission. This is a serious issue known as intellectual property (IP) infringement. Here are some steps you can take to address this situation:

1. Document the infringement: Take screenshots...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Minnesota on
Q: My company as a "culture" does not include the electrical engineers or designers on their patents.

Could these patents be deemed invalid?

James L. Arrasmith
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answered on Apr 25, 2024

The validity of a patent depends on several factors, such as the novelty and non-obviousness of the invention, and whether the patent application meets the legal requirements. Not including the names of the actual inventors (in this case, the electrical engineers or designers) on the patent could... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: Can a design or pattern printed on a fabric be copyright protected? There's no logo, brand or company name involved.

I'm selling some replica of aloha shirts worn by actors from the 80s movies. I'm basically drawing the design from what I see on screen then selling it advertised as 'movie prop replica'. There are no logos, brands or company names mentioned. Just the name of the actor and the... View More

James L. Arrasmith
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answered on Apr 25, 2024

The legality of selling replica aloha shirts based on movie props can be complex and varies by jurisdiction. In general, copyright law protects original artistic works, which can include fabric designs and patterns, even without logos or brand names. Key considerations:

1. Copyright: If the...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Under what conditions can we use soccer teams’ logos or names in our app without permission?

We are developing a prediction application for soccer matches. The only place we want to use logos is where we list matches with their date and starting time and their live scores. Our source of income is by watching reward videos advertisements and buying coins via in app purchase. There tons of... View More

James L. Arrasmith
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answered on Apr 25, 2024

There are a few key considerations when it comes to using soccer team logos and names in your app without explicit permission:

Fair Use: Using team logos and names for informational purposes, like listing upcoming match details and live scores, could potentially be considered fair use. Fair...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: I got a question regarding copyright on original creature creations I did

So I am doing a book for Amazon, and it is a book showcasing original creature creations I created myself. Some of them are inspired by some copyrighted characters, but are altered completely so they won't be a copy or anything, even if its similar, it isn't fan art or anything though.

James L. Arrasmith
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answered on Apr 25, 2024

When it comes to copyright and original creature creations, there are a few important points to consider:

1. Original creations: If you have created original creatures from scratch, you generally hold the copyright to those creations. This means you have the exclusive right to reproduce,...
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1 Answer | Asked in Copyright and Intellectual Property for Illinois on
Q: If information is obtained from ChatGPT then put into a toolkit that is published to the public, is that plagiarism?

A toolkit was created using ChatGPT and the toolkit will be released to the public. I'm wondering if that is considered plagiarism.

James L. Arrasmith
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answered on Apr 25, 2024

The situation you've described is a complex one without a clear-cut answer, as the intellectual property considerations around AI-generated content are still being debated and the legal landscape is evolving. Here are a few key points to consider:

1. Plagiarism typically involves...
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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am seeking legal council for a question I have pertaining to copyright and right of publicity?

I am reaching out to seek expertise on a copyright matter that pertains to the creation and sale of AI-generated images of celebrities, specifically Johnny Depp.

As an entrepreneur exploring opportunities in the digital art space, I am considering the possibility of generating and selling... View More

James L. Arrasmith
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answered on Apr 25, 2024

I appreciate you reaching out for legal guidance on this matter. There are a few key legal considerations to be aware of:

1. Copyright: In general, using AI to generate original artistic images would not inherently violate copyright law, since you are not directly copying existing...
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2 Answers | Asked in Copyright and Intellectual Property on
Q: I am seeking legal council for a question I have pertaining to copyright and right of publicity?

I am reaching out to seek expertise on a copyright matter that pertains to the creation and sale of AI-generated images of celebrities, specifically Johnny Depp.

As an entrepreneur exploring opportunities in the digital art space, I am considering the possibility of generating and selling... View More

Alan Harrison
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answered on Apr 24, 2024

Hi! This is an interesting and innovative question that I have seen a few times. The question confuses copyright and associated legal doctrine of fair use with rights of publicity, which are a completely different area of law that does not embrace "fair use".

If you have a...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

James L. Arrasmith
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answered on Apr 25, 2024

When you create a card game with original artwork, you automatically have copyright protection for each individual piece of art you created. However, registering your copyright with the U.S. Copyright Office (assuming you're in the United States) provides additional benefits and makes it... View More

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