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I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More 
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answered on Mar 26, 2024
When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
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answered on Mar 26, 2024
It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
answered on Mar 26, 2024
It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More
There's a character with the name Olivia Valedstorm. Would using just her last name for a talking sword character or a dragon be grounds for suing?
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answered on Mar 26, 2024
Character names can indeed be protected under copyright law if they are distinctive and well-known enough to be associated exclusively with the original work. However, copyright does not protect names, titles, short phrases, or expressions by themselves. It depends on the context and how unique and... View More
I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More
answered on Mar 26, 2024
The terms of any agreements you have signed with your present employer would be key to the answer to this question, and you should not proceed based on short answers provided on the internet from attorneys who are not allowed to see the whole picture. If you think your plug in will have... View More
I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More
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answered on Mar 26, 2024
In California, the law generally favors employees in disputes over intellectual property, especially if the work is created on your own time without using company resources. However, specific employment agreements and non-compete clauses could impact your situation. You should carefully review your... View More
I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.
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answered on Mar 26, 2024
In general, copying copyrighted code, even for basic functions, without permission can be legally risky. Copyright laws vary by country but typically protect the expression of ideas, including code. If the examples are copyrighted, it is best to seek permission, use alternatives that are in the... View More
I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.
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answered on Mar 26, 2024
Like many software copyright questions, this one is fun to answer because it implicates the "merger doctrine" of (c) law.
Expressions of ideas have copyright as soon as the expression is made. Ideas themselves cannot have copyright. For example, detailed instructions for making a... View More
I am looking to make a clothing item based on an idea from an animated movie but do not want to be sued for copyright infringement. All designs are personally hand-drawn by me but are based on characters from the movie. There are no details in the drawings, just silouettes.
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answered on Mar 25, 2024
If you create and sell clothing featuring silhouettes of characters from an animated movie, you could potentially face copyright infringement issues. Copyright law protects original works of authorship, including characters from movies. Even if you've hand-drawn these silhouettes without... View More
Many authors who create books use Canva to create coloring books, activity books, etc. Canva has stated that they hold full copyright over the images, art, photos, fonts, etc. that can be used to create books. In addition, Canva states that they issue individual licenses to self-publishing authors... View More
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answered on Mar 25, 2024
When self-publishing authors use Canva to create elements for their books, such as in coloring books or activity books, they are operating under a license issued by Canva. This means Canva holds the original copyrights to the images, art, photos, and fonts provided within their service. Despite... View More
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
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
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
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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
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
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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
Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More
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answered on Mar 23, 2024
When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More
We manufacture diamond cutting tools and would like to use the term xtreme cut in our branding for a product line.
a quick search shows the term as abandoned by a tool cutting fluid manufacturer. But a search for them shows the current use of the term on their products.
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answered on Mar 23, 2024
In the realm of trademarks, the status "abandoned" can often be misleading. If a term is marked as abandoned, it means that at some point, the official registration process was not completed or maintained. However, this does not necessarily mean that the term is free for use by others,... View More
If members post pictures of items containing registered trademark brands. Is that a crime?
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answered on Mar 22, 2024
The liability of Facebook administrators for content posted in their groups can vary based on local laws and the specific circumstances of the content shared. Generally, administrators are encouraged to monitor and manage their groups to prevent illegal activities, including the unauthorized use of... View More
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answered on Mar 22, 2024
Coloring someone else's mandala design, framing it, and selling it can involve legal and ethical issues. It largely depends on the copyright status of the original mandala design. If the design is under copyright, using it without permission for commercial purposes could infringe on the rights... View More
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answered on Mar 22, 2024
It depends on what license they gave you for the design. Did they give you a license for personal use only or for commercial uses as well? If they did not give you any license at all, it definitely is not a good Idea to sell their work as your own.
It is not a registered business or trademark. They only have the domain name.
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answered on Mar 22, 2024
If "Fit.ai" is not a registered business name or trademark, and you're planning to use it for an app, you might be able to do so. However, just because the name isn't registered doesn't mean it's free from potential legal complications. The fact that another entity,... View More
It is not a registered business or trademark. They only have the domain name.
answered on Mar 21, 2024
This is potentially a problem.
Trademark infringement is based on a likelihood of confusion. If you are providing a good or service that is similar to someone else and using the same name, then there could be confusion as to the source of the goods/services.
Federal trademark... View More
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