Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Intellectual Property Questions & Answers
3 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can we parody a song title for use on a t-shirt?

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

Bao Tran
PREMIUM
Bao Tran
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

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

If you have found an unpublished manuscript written in 1860, detailing the history and cultural practices of the Choctaw tribe, you may be able to publish it and make money from it. Here are the key considerations:

Copyright Status

Public Domain: Works published before 1924 are...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: I found an unpublished manuscript that was written in 1860. Can I publish it and make money?

This is an interview with a choctaw native american man who had told the author the history and cultural practices of the tribe.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Publishing an unpublished manuscript from 1860 involves several considerations. First, you need to determine if the manuscript is still under copyright. In the United States, works published before 1924 are typically in the public domain, meaning they are free to use. However, because this... View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

here are some steps you can take to verify the trademark status:

Steps to Verify Trademark Status

Search the USPTO Database: Visit the United States Patent and Trademark Office (USPTO) website and use their Trademark Electronic Search System (TESS) to search for "Turbo...
View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

For the most accurate and up-to-date information, entering the specific trademark serial number or registration number related to "Turbo Shine" will yield the best results. If you have further questions or need assistance, the USPTO's Trademark Assistance Center can provide support.

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

No, you cannot use the songs generated by Suno for commercial purposes without a premium subscription. According to Suno's terms of service, they retain ownership of any music created using their software unless it is made while you have an active premium subscription.

If you try to...
View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Ohio on
Q: AI Music Making

There's this AI music making software called Suno. Suno's TOS states that anything made with their software are not permitted for commercial use (and Suno owns the song) unless it the song was made during a premium subscription.

From what I see, you can't own AI generated... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Given the terms of service (TOS) for Suno and the current legal landscape regarding AI-generated music, here are the key points to consider regarding the commercial use of songs generated by Suno without a premium subscription:

Suno's Terms of Service

Ownership and Commercial...
View More

View More Answers

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Internet Law for Texas on
Q: Is it legal to make amateur pornography and upload it in Texas?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"

Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

1 Answer | Asked in Trademark and Intellectual Property for Tennessee on
Q: Can I claim a trademark with status: 606 - abandoned - No Statement Of Use Filed. How much will it cost me?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.

You would need to...
View More

1 Answer | Asked in Trademark and Intellectual Property for Arkansas on
Q: I am selling fall candles, can I use "Autumn Walk" on my candle? The word “Autumn” itself is trademarked in candles.

I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024

When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Idaho on
Q: Trademark Infringement Plausibility? Don't want to screw the pooch.

We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your plan to relaunch a brand/product inspired by a foreign company's product that is no longer sold in the U.S.:

Current Trademark Status

The original trademark is set to expire soon with the USPTO and is in its...
View More

View More Answers

3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:

Right of Publicity:

Public figures like former presidents have a right of publicity,...
View More

View More Answers

3 Answers | Asked in Intellectual Property, Trademark and Copyright for New York on
Q: "Can I sell T-shirts with images of President Donald Trump in the U.S.? Will it violate any regulations?"
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:

1. **Public Figures and First Amendment Rights**: In the U.S., using images of public...
View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Ohio on
Q: Can I copyright songs made in a game making mobile app?

I was wondering if songs in any game making mobile app made are eligible to copyright whether it's made by me or anyone else

The songs I believe would be public domain, and in the app you're able to take the "MIDI" of the song and change it (if you want)... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

When considering whether songs created in a game-making mobile app can be copyrighted, several factors come into play. Here’s an analysis based on the provided context and general copyright principles:

Ownership and Copyright of AI-Generated Content

Terms of Service (TOS): The TOS...
View More

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Does It infringe to use the word "dummies" - internationally recognised - but preceded by other languages' preposition?

The "for dummies" phrase is registrered, for editorial purposes.

But it also became a common language espression, internationally known in many languages, so fare.

What about using the preposition in other languages (i.e. : "pour dummies" in french)? Using it in... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Using "for Dummies" with Foreign Prepositions

The phrase "for Dummies" is a registered trademark owned by John Wiley & Sons, Inc., and is widely recognized for its series of instructional books. Using this phrase, even with a foreign preposition, could potentially...
View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property on
Q: Can i create a online course on rational recovery without permission?

There is a book and method called rational recovery for quitting alcohol addiction. It is known and famous. I was wondering if I could freely use the idea and use it to create a course on Food addiction or no?

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and the context of your query, here's an analysis of creating an online course on Rational Recovery without permission:

Copyright Considerations:

The book "Rational Recovery" and its specific content are protected by copyright. You...
View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Is it legal to design and sell my own Caitlin Clark t-shirts? Are there any trademark or copyright issues?
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, designing and selling your own Caitlin Clark t-shirts could potentially raise some legal issues related to trademarks and rights of publicity. Here are some key considerations:

Trademark Issues:

Caitlin Clark's name may be protected as a...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.