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Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

James L. Arrasmith
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answered on Mar 8, 2024

The legality of using your own photos and videos of nightclubs for a commercial app depends on several factors. Here are some key considerations:

1. Copyright: If your photos/videos capture any copyrighted material such as artwork, logos, or distinctive architectural features, you would...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I own a PING putter and want to add the brand name "PING" to another location on the putter. Is that infringement?

The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.

James L. Arrasmith
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answered on Mar 8, 2024

In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

Here's why:

1. Genuine product: Since you own an...
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1 Answer | Asked in Consumer Law, Contracts, Intellectual Property and Trademark for Illinois on
Q: Can I create an educational songwriting class that's called something like: Taylor Swift-inspired Hit Songwriting Class?

I'd like to create a songwriting class that teaches hit songwriting techniques used by pro songwriters such as Taylor Swift. I'd like to call the class:

"Taylor Swift-influenced Hit Songwriting Class" (or)

"Taylor Swift-inspired Hit Songwriting Class"... View More

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answered on Mar 7, 2024

Using a celebrity's name in an educational course title can be tricky, as it may raise concerns about intellectual property rights and potential false endorsement. However, there are ways to reference Taylor Swift's name in your course title that are more likely to fall under fair use for... View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
Jabari-Jason Tyson-Phipps
Jabari-Jason Tyson-Phipps
answered on Mar 6, 2024

It depends: It can be both.

A copyright protects original works of authorship fixed in a tangible medium of expression. This includes creative works like art, literature, and graphic designs. So for the design of the mousepad you may be able to file a copyright for those specific creative...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
James L. Arrasmith
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answered on Mar 7, 2024

Based on your description, it sounds like you have created a unique design for a mouse pad that incorporates the concept of the 52-week challenge. In this case, you likely do not need a patent, but you may want to consider copyright protection for your specific design.

Here's why:...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use the term "That's what she said" for a blog site name?
James L. Arrasmith
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answered on Mar 5, 2024

Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a... View More

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
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answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Intellectual Property for Arizona on
Q: Can we use a persons likeness in a targeted ad for that person exclusively,

that person will be the only one to get the ad

James L. Arrasmith
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answered on Mar 5, 2024

Using a person's likeness in advertising, especially in a targeted ad directed exclusively at them, requires careful consideration of privacy and intellectual property laws. The key issue here is consent. If the individual has given explicit permission for their image or likeness to be used in... View More

1 Answer | Asked in Copyright and Intellectual Property for Washington on
Q: I have a question about legal use of copyrighted images.

The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each... View More

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answered on Mar 5, 2024

When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining... View More

Q: Can I still get any royalties, can I modify my design to re submit?!

My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?

James L. Arrasmith
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answered on Mar 5, 2024

Based on the limited information provided, I'll try to address your questions as best as I can.

1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can...
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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
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answered on Mar 4, 2024

Creating a parody of a copyrighted work, including songs like the Oompa Loompa song from "Willy Wonka & the Chocolate Factory," falls under a specific category of use that can be considered fair use under copyright law. Fair use allows for the use of copyrighted material without... View More

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2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
Emmanuel Coffy
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answered on Mar 5, 2024

Yes, creating a parody of the "Oompa Loompa" song from "Willy Wonka & the Chocolate Factory" may not require licensing under U.S. copyright law, thanks to the doctrine of fair use. Fair use allows for the use of copyrighted material without permission from the copyright... View More

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: is it possible re-register my trademark

ACADIGM

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answered on Mar 4, 2024

Yes, you can re-register your trademark "ACADIGM" under certain conditions. Trademark registration is designed to protect your brand and ensure that it is uniquely associated with your products or services. If your trademark has expired or if there have been significant changes to your... View More

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: is it possible re-register my trademark

ACADIGM

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 4, 2024

Registration No. 2745216 for the mark ACADIGM was cancelled in 2012 for the owner's failure to submit proof of continuing use in the sixth year after registration. No other application to register ACADIGM is pending. If the owner's use has continued, a new application should be filed... View More

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1 Answer | Asked in Trademark and Intellectual Property on
Q: Hi , can request a website removal for the following:Our website "Noorart.com" since 1996 their "Noorarts.net" 1 year

so we found this website Noorarts.net and we believe they are benefiting from our traffic as they cater to our client base even though they sell different products. Is there any way we can do something about this. As I sated above they only started one year ago, and it was actually smart on their... View More

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answered on Mar 4, 2024

In cases where you believe another website is unfairly benefiting from the reputation and traffic of your established brand, several steps can be taken. First, it's important to determine whether you have a trademark on your brand name "Noorart." If your brand name is trademarked,... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: Who do i need to contact in order to use a registered trademark as part of a product (such as a toy) ?
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answered on Mar 4, 2024

To use a registered trademark as part of a product, such as a toy, you need to contact the owner of the trademark. The trademark owner is the individual or entity that has legally registered the trademark and holds the rights to grant permission for its use. You can find who owns a trademark by... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: What happens if I use a USA trademark in Europe?
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answered on Mar 4, 2024

If you use a USA trademark in Europe without authorization, the consequences depend on various factors, including whether the trademark is registered or well-known in Europe and the nature of your usage. Trademarks are territorial, meaning that a trademark registered in the USA is protected in the... View More

1 Answer | Asked in Trademark and Intellectual Property for Washington DC on
Q: I would like to use the Spy vs. Spy characters - who and how can I contact for permission?

I am the SVP of Cyber Intelligence at the Institute of World Politics. We are a non-profit, accredited, graduate school offering 5 masters and a doctoral program. Our students are diplomats, soldiers, and spies.

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answered on Mar 4, 2024

To use the Spy vs. Spy characters, you would need to obtain permission from the rights holder. These characters originated in MAD Magazine, which is owned by DC Entertainment, a subsidiary of Warner Bros. Therefore, Warner Bros. or its specific division that manages MAD Magazine's intellectual... View More

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Michigan on
Q: We had applied a patent before many years ago by Mitsubishi Could you please help me for what happened
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answered on Mar 4, 2024

To find out the status of a patent application submitted through Mitsubishi or any other entity, you have several options to explore. Initially, you can check the public databases provided by patent offices, such as the United States Patent and Trademark Office (USPTO) in the U.S. or the World... View More

1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: I want to use a section of a song with the lyrics removed and dubbed over audio of my student film, is it fair use?
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answered on Mar 4, 2024

Using a section of a song in your student film, even with the lyrics removed and dubbed over, can be complex when considering fair use provisions. Fair use is determined by factors such as the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of... View More

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