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Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property on
Q: Ai usage in Website, Copyright questions

I'm using an AI a lot to help me program my website. According to their terms of service, it's free of copyright. What if I want to copyright my website though, so it wont get stolen. Can I? I did use their service a lot. I did alter some important factors to my preference, and most... View More

James L. Arrasmith
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answered on Feb 28, 2024

When you use AI tools to assist in programming your website, and the tool's terms of service indicate that the output is free of copyright, you generally retain the rights to the original content you create. If you've made significant alterations and added your own unique content, this... View More

2 Answers | Asked in Entertainment / Sports and Intellectual Property for California on
Q: My father was a Hall of fame football player some companies are using his image and making your own sports cards do they

DO they need my permission TO use his image and name to make money without my authorization. Do they need my permission YES or NO ?? Thank's very much. George... View More

James L. Arrasmith
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answered on Feb 28, 2024

Under California law, the use of a person's image or name for commercial purposes without permission could infringe on their right of publicity. This right extends to celebrities and public figures, allowing them to control how their persona is used commercially. It's designed to prevent... View More

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2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available
James L. Arrasmith
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answered on Feb 28, 2024

Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:

- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and...
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1 Answer | Asked in Contracts, Intellectual Property and Trademark for California on
Q: Hello, I would like to get permission to sell some Saltburn merch on eBay that I created the items that I will be sellin

selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy

James L. Arrasmith
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answered on Feb 28, 2024

Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use... View More

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: To use the term “Swim A Thon” as a fund raiser, do we need any sort of consent or permission?

We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???

James L. Arrasmith
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answered on Feb 27, 2024

Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an... View More

1 Answer | Asked in Consumer Law, Intellectual Property and Trademark for Wisconsin on
Q: internet law, trademark law and intellectual property law. Can you help for me?

I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook

James L. Arrasmith
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answered on Feb 27, 2024

If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

James L. Arrasmith
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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Copyright and Intellectual Property on
Q: I want to Make a puzzle company that is tv show themed. I will us ai to make the images. Can I get copy righted?

I live in Switzerland and will sell internationally. I won’t use any of the actors faces or actual scenes from the show.

James L. Arrasmith
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answered on Feb 27, 2024

Creating a puzzle company with themes inspired by TV shows is an exciting venture, but it's important to tread carefully when it comes to copyright laws, especially if you plan to sell your products internationally. Even if you avoid using actors' faces or direct scenes from the shows,... View More

1 Answer | Asked in Copyright, Contracts, Intellectual Property and Internet Law on
Q: Can I sue a writer for using AI-generated content instead of writing the articles themselves? This hurt our websites.

I just discovered a writer I've been paying to write content for our websites used AI tools to generate the content. Every article in the last 2 years is AI-generated. How can I get a refund for everything?

James L. Arrasmith
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answered on Feb 27, 2024

Discovering that content you commissioned and paid for was generated by automated tools rather than personally crafted can be understandably frustrating and disappointing. The potential for legal action depends on the specifics of your agreement with the writer and the expectations set forth at the... View More

1 Answer | Asked in Trademark and Intellectual Property for Louisiana on
Q: Since Warner Brothers holds the trademark for "BAZINGA!". Can the word bazinga be used such as BazingaCon?
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answered on Feb 27, 2024

Warner Brothers holds the trademark for "BAZINGA!" primarily due to its association with the popular TV show "The Big Bang Theory," where the term gained its fame. The use of "BAZINGA!" in commercial activities, especially those that might suggest an association or... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: I have been using Soul Powered in my business name (Soul Powered Life, Soul Powered Mind & Body Method) for many years.

I am living in another country and opening a business, so I decided to go ahead and apply for a trademark for Soul Powered M----- (the current name I am using) only to find Soul Powered just got a trademark this last year. Am I still able to trademark my name?

James L. Arrasmith
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answered on Feb 27, 2024

Discovering that "Soul Powered" has been trademarked recently can indeed be concerning, especially if you've been using it for many years in your business. Trademark laws are designed to prevent confusion among consumers about the source of goods or services, which means the... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Kansas on
Q: Is it legal for someone to make you sign over your invention when you were not mentally stable , coming out of a coma?

Their business partner went to them the day they came out of a comma , and had them sign over the invention in which the patient held the patent, to when he was not mentally stable, and was promised royalties to in which he has never seen them. Then the partner sold the invention even though he... View More

James L. Arrasmith
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answered on Feb 27, 2024

If someone was made to sign over their invention while not mentally stable, especially coming out of a coma, the legality of such an agreement is highly questionable. The law generally requires that for a contract to be valid, all parties must have the capacity to understand the terms and the... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

James L. Arrasmith
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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

James L. Arrasmith
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answered on Feb 26, 2024

Adding a new business activity, such as fishing and fishing tools, to your existing trademark registration is possible but may require careful consideration. You'll need to assess whether the new activity falls within the scope of your existing trademark and whether it aligns with the goods or... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Felicia Altman
Felicia Altman
answered on Feb 26, 2024

If the mark was already filed for a separate class of goods and services, the USPTO requires a new application to be filed to protect against different or new goods and services. If the goods and services fall under a different class of registration it is best to register the mark as a new... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2024

The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

Leonard R. Boyer
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answered on Feb 26, 2024

You really need to have your lyrics copyrighted. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

Emmanuel Coffy
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answered on Feb 26, 2024

Protecting your work as a lyricist is crucial to ensuring you retain control over your creations and are compensated appropriately for its use. While ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are performance rights organizations (PROs) that... View More

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3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

James L. Arrasmith
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answered on Feb 25, 2024

As a lyricist looking to protect your work, it's essential to understand that copyright law is your primary shield. In the United States, the Copyright Office grants copyrights for original works of authorship, including lyrics. Once your lyrics are fixed in a tangible medium of expression,... View More

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1 Answer | Asked in Trademark and Intellectual Property for Minnesota on
Q: A person warned that he would proceed legal action on a product that has no trademark. Is he delusional?

A person created a video game addon for certain vehicles. He removed his first version to replace it with something unstable. He is sending threats to people who share this first version of that said addon that is stable with legal action cases. But he lacks a trade mark and a license for his... View More

James L. Arrasmith
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answered on Feb 25, 2024

Understanding the legal nuances in such a situation is important. Even without a formal trademark or license, creators can have rights to their original work under copyright law. Copyright protection is automatic upon the creation of an original work fixed in a tangible medium of expression. This... View More

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