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Intellectual Property Questions & Answers
3 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: What are my rights for someone using a picture they took of me at a private event? Now made into A Mural.

The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:

Right of Publicity:

In...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation:

Trademark Application Status:

Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I’m an Etsy seller and someone claimed IP on an item. But all they have is an application for said item. Not approved.

Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.

Thanks.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More

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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I'm looking at the Soul Train trademark details. Is it possible to TM that name now? Cancellation is pending.

I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.

James L. Arrasmith
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answered on Jul 2, 2024

To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: What is the total cost of registering the brand name in usa by Pakistani individual.
James L. Arrasmith
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answered on Jul 2, 2024

To provide an accurate answer, I'll need to break this down into steps and consider various factors. Here's an overview of the costs involved for a Pakistani individual registering a trademark in the USA:

1. USPTO Filing Fees:

- TEAS Standard filing: $350 per class of...
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1 Answer | Asked in Intellectual Property, Trademark and Antitrust on
Q: Resellers of large brand new sealed products through lg online platform. Brand send C&D and threatened legal action.

We are small resellers of brand new sealed technology products on a large online platform backed by a full return policy. The brand just started peppering us with C&D letters. We have asked to be approved as authorized resellers but they are not entertaining the notion and don't provide a... View More

James L. Arrasmith
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answered on Jul 2, 2024

This situation touches on complex areas of law, including trademark law, the first sale doctrine, and antitrust considerations. Here's an overview of the key issues:

1. First Sale Doctrine: In the US, the first sale doctrine generally allows resale of genuine, lawfully acquired...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Wisconsin on
Q: How can I find my grandfather's patent
James L. Arrasmith
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answered on Jul 2, 2024

To find your grandfather's patent, you can follow these steps:

1. Gather information:

- Your grandfather's full name

- Approximate date or year of the patent

- Any details about the invention

2. Use online patent databases:

- USPTO Patent...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Arizona on
Q: How do I know when a patent is expiring?

Do patents expire?

James L. Arrasmith
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answered on Jul 2, 2024

Yes, patents do expire. To answer your questions:

1. Patents expire after a set period of time from their filing date:

- Utility patents (the most common type) expire 20 years from the earliest filing date of the application.

- Design patents filed on or after May 13, 2015...
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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, you may have some rights regarding the use of your photography. Here's an analysis of your position:

Copyright Ownership:

As the photographer, you automatically own the copyright to the photos you took, unless there was a written...
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2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

James L. Arrasmith
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answered on Jul 2, 2024

1. Copyright ownership:

Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Im having a problem with copyright on 3d printed models i paid for on cults 3d the models have Commercial use and cc by

Im trying to sell helldivers 2 3d printed models on etsy that i paid a creator on cults 3d for Commercial use and cc by but im being told by the etsy community that its still Illegal even tho i paid for them and have the permission from the artist to sell them so im basically confused on what to do... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation that involves several layers of intellectual property law. Let me break down the key issues:

1. Copyright of the 3D models:

- You purchased the 3D models from a creator on Cults3D with a commercial use license and Creative Commons Attribution (CC BY)...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: Can I get sued over my tshirt designs?

I started my print on demand business where I make designs and these guys print it ship it etc.. and i get a %. I was wondering if I can get sued because first picture has soccer players heads , other has soccer player last name and back picture with animated cartoon style , and third has shade of... View More

James L. Arrasmith
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answered on Jul 2, 2024

I can offer some general information about copyright and trademark issues related to your situation:

1. Player likenesses: Using recognizable images of soccer players, even if animated or stylized, could potentially infringe on their right of publicity or image rights. Professional athletes...
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2 Answers | Asked in Copyright, Civil Rights and Intellectual Property for Mississippi on
Q: If I use pictures I've taken of children to illustrate a book do I need a release from their parents?

I plan to use filters so that the children aren't recognizable unless you've seen the original photo.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of using filtered photos of children in a book illustration:

Legal Considerations:

Even with filters applied, using photographs of identifiable individuals, especially minors, can raise privacy and legal concerns....
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2 Answers | Asked in Copyright, Civil Rights and Intellectual Property for Mississippi on
Q: If I use pictures I've taken of children to illustrate a book do I need a release from their parents?

I plan to use filters so that the children aren't recognizable unless you've seen the original photo.

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question, we need to consider a few key points:

1. Copyright: As the photographer, you own the copyright to the photos you've taken. This generally allows you to use them for various purposes, including in a book.

2. Right of publicity: Even if you own the...
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2 Answers | Asked in Copyright and Intellectual Property for North Carolina on
Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

Greetings all, would desperately love to hear your expert opinions.

I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.

I purchased the original artwork from the original owners who had this commissioned as... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided, here's an analysis of your situation regarding the reproduction and potential copyright of the artwork:

Original Artwork Ownership:

You have purchased the physical artwork and have a bill of sale, which gives you ownership of the physical...
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2 Answers | Asked in Copyright and Intellectual Property for North Carolina on
Q: Greetings all, would desperately love to hear your expert opinions. I have this original artwork

Greetings all, would desperately love to hear your expert opinions.

I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.

I purchased the original artwork from the original owners who had this commissioned as... View More

James L. Arrasmith
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answered on Jun 27, 2024

To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:

1. Copyright duration:

In the United States, for works created before...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Infringement of patent

Do I infringe any patent from this article if I attach my own reader to Itron's meter with the clips already existing in their meter. I am using a different signal to read the meter and transmit the result directly to the customer company without storing any data in my own database ? Thank you... View More

James L. Arrasmith
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answered on Jun 27, 2024

To provide a thorough response to your question about potential patent infringement, I'll need to break this down into several key points:

1. Patent scope: The specific details of Itron's patents would need to be carefully examined to determine if your proposed device and method...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Tennessee on
Q: If someone is using the word Steelers in a new “business” adventure because he loves the Steelers can he be shut down?

Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Using the word "Steelers" in a business name, such as "Steelers Auto Detailing," and incorporating black and yellow colors, raises several legal concerns, particularly related to trademark infringement and the right of publicity. Here's an analysis based on the provided... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Tennessee on
Q: If someone is using the word Steelers in a new “business” adventure because he loves the Steelers can he be shut down?

Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, we need to consider trademark law and how it applies to this situation. Here's a breakdown of the key points:

1. Trademark protection: The term "Steelers" is likely a registered trademark of the Pittsburgh Steelers NFL team. Sports teams vigorously...
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2 Answers | Asked in Copyright and Intellectual Property on
Q: I made a remix of a song from a person involved in a controversy, how bad can I be sued ?

I am seeking legal advice regarding a parody I created of a song for a fun TikTok video. Given the recent controversy surrounding the original artist, I wanted to what can be held against me. Could you please advise me on whether my parody qualifies as fair use and what specific elements of the... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the information provided and the search results, here's an analysis of your situation:

Fair Use and Parody:

Parodies can potentially qualify as fair use under copyright law, but this is determined on a case-by-case basis .

To be considered a parody, your work...
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