Get free answers to your Intellectual Property legal questions from lawyers in your area.
I'm a streamer playing Minecraft, Fortnite, etc. and know not to use the actual audio of a song (unless it's copyright free or old enough, etc.), but I'm not sure if I can just sing a pop song by someone famous without potentially getting into legal trouble... YouTube hasn't... View More 
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answered on Jan 25, 2025
If you are seeking to use the captions from a YouTube video as your own lyrics, this may be considered copyright infringement if you are not using the captions for a different purpose, such as for education or commentary purposes in Fair Use.
Captions to a YouTube video are justified for... View More
answered on Jan 22, 2025
The Process of Obtaining a Patent
1. Determine Patentability: Assess whether your invention is eligible for a patent. The invention must be: Novel – New and not publicly disclosed. Non-Obvious – Not an obvious improvement to someone skilled in the field. Useful – Functional and has... View More
With names changed here to protect me - I sell salt and shakers on Amazon and used a popular keyword such as "Black & White" to register a brand name with the USPTO. This is a keyword many sellers are using as a phrase, but none registered. The USPTO approved my mark for the name... View More
answered on Jan 22, 2025
Keywords are descriptive of the product. Trademark law allows your competitors to use words to physically describe their products, such as "black and white" shakers.
If anyone was using "black and white" as a brand for their salt and pepper shakers before you registered... View More
I am planning to do a creature book, which would be self-published on Amazon, but I am worried if one of my creatures is similar to a copyright character. It's a bud creature I did, but some had told me it is similar to Kirby, which is a Nintendo character. Is there some way to fix this by... View More
answered on Jan 21, 2025
Copyright protection is very flexible. If your character is original, unrelated to kirby and has original unique features, you will likely be able to proceed without infringing on the nintendo copyright. However, you need not have culpability or intention to copy in order to be found liable for... View More
Chessbase provides a chess database for personal use for (a lot of) money. My understanding is, that they are selling the data*base* and not the data itself (i.e. their file format/structure of the database) and the redistribution of that would be illegal under copyright laws. But the games and... View More
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answered on Jan 21, 2025
Some parts of games are subject to copyright protection. This includes the game's artistic elements, like the music, art, and dialog, and the computer program that runs the game. As such, reproduction of these elements may be considered copyright infringement, depending on the purpose and... View More
example in the link (flask only without lid):
answered on Jan 21, 2025
Yes, the ornamental design (not useful components) of a physical good can be registered for a patent. The process is complicated and I highly recommend hiring a licensed patent attorney to help with this project. More information about design patents can be found here:... View More
What can be my counter proposal when a publishing company that wants to have my music recordings in their catalogue asks me to sign away all my moral rights, which I don't want to do?
answered on Jan 20, 2025
Moral rights or “Droit Morale” is originally a French law concept that is not recognized under US law. It is only applicable in certain European counties (or Countries recognizing the concept). However, it is pretty standard in all US contracts related to intellectual property (particularly... View More
What can be my counter proposal when a publishing company that wants to have my music recordings in their catalogue asks me to sign away all my moral rights, which I don't want to do?
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answered on Jan 20, 2025
“Moral rights" such as whether an artist would like, for example, songs recorded by another artist or made available on certain platforms, are often addressed in terms of “economics” and not the author's (artistic) message or intent in the United States. Alternatively, the Visual... View More
The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More
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answered on Jan 17, 2025
Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More
for example- he wrote the code for a smart contract that lets you buy and sell and store energy in a decentralized environment that connects all Tesla vehicles then a couple weeks later the guy is watching YouTube and comes across a video that talks about how Elon musk has been secretly working on... View More
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answered on Jan 10, 2025
Notes stored in the Notes app on an iPhone are not considered public information. They are typically protected by the phone's passcode and the user's iCloud account security. The situation you described raises concerns about the potential misappropriation of intellectual property, but it... View More
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answered on Jan 7, 2025
It depends on whether you truly own the copyright to the footage and whether Hulu has any authorization or defense for using it. Under federal law, the copyright owner generally holds exclusive rights to reproduce, distribute, and publicly display their work (17 U.S.C. § 106). If Hulu is using... View More
Is it legal to open a taylor swift store?
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answered on Dec 30, 2024
It really depends on a lot of things. Yes, it can be legal if you obtain the proper licenses and permissions from Taylor's legal team, from the municipality where you're operating (if not online), and from the state where you're making the sales (esp. sales tax license). Consult a... View More
answered on Dec 28, 2024
Generally, if the trademark is in a different class of goods and services then a registered mark and there would be no likelihood of confusion by consumers a mark can be registered. It is best to consult a trademark specialist to conduct a search and review the already registered mark compared to... View More
answered on Dec 27, 2024
The time to receive an office action ("pendency") depends on the subject matter of the patent application and the Art Unit it is assigned to. That being said, the average pendency to the first office action as of November 2024 is 20.2 months, so your time frame is starting to be an... View More
If I write a song and do not copyright it or publish it, then someone writes the same song or steals my song and copyrights it, can I still copyright my song and sue the person?
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answered on Dec 27, 2024
You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.
You can still try to register your song at the US... View More
I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions
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answered on Dec 21, 2024
This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.
AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright... View More
I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions
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answered on Dec 21, 2024
… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More
I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More
answered on Dec 30, 2024
I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More
“Could you clarify what U.S. Patent No. 10,745,833 specifically covers in relation to the product? Does this patent apply to the design, size, or a unique functional feature of the towel? Since a towel is a common and widely available commodity, how is it possible for such an item to be patented,... View More
answered on Dec 19, 2024
The "Claims" section defines exactly what the patent covers. The two main ("independent") claims are:
1. A fabric, comprising:
a plurality of first material yarns; and
a plurality of second material yarns, in which the plurality of first material yarns... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
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