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Intellectual Property Questions & 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
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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...
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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
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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
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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
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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...
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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
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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

Bao Tran
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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...
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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
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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

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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...
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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
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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,...
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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
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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...
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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
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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...
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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
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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...
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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
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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...
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2 Answers | Asked in Copyright, Intellectual Property and Gaming on
Q: Am I responsible for copyright infringement if i have writen permission from someone but they lied about owning it?

I would like to know If i put my game in a kickstarter and a reward tier says i can put a backers character in the videogame and but they sign a waiver to say that they own the rights to their character and give me permission to use it and that if its not theirs they will be held responsible and... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Legal Responsibility for Copyright Infringement with Written Permission

If you receive written permission from someone to use a character they claim to own, but it turns out they lied about owning the rights, you could still face legal issues. Here’s a detailed analysis:

Copyright...
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2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results provided and the information in your query, here's an analysis regarding using "Warhorse" for your new company or "Warhorse Production":

Existing Usage:

The search results mention "The War Horse" and "The WarHorse...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:

Copyright and Trademark Issues

Copyright:

Evangelion characters and logos are protected by copyright. This means that any...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I want to print personal wear of evangelion characters and logo. I do not want to make a business out of it. I’m I able?
Robert Z. Cashman
Robert Z. Cashman
answered on Jul 18, 2024

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use...
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2 Answers | Asked in Copyright and Intellectual Property for Florida on
Q: Is it legal to sell used soccer jerseys for England and Spanish teams ?
Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the search results and general legal principles regarding the resale of sports jerseys, here are the key points to consider:

Authenticity: It is legal to resell authentic, used soccer jerseys for England and Spanish teams, as long as they are genuine products that were originally...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Delaware on
Q: I want to use NFL replica mini helmets to make phone charging stations, is that allowed?

I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?

Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: If a trademarked logo that is marked as " Dead" in the USPTO, can I now use that trademark? It was abandoned in Feb,2021
Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More

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