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Intellectual Property Questions & Answers
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

James L. Arrasmith
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answered on Jun 26, 2024

I'll provide some general information about parodies and copyright law, but please note that this is more of a guideline rather than targeted legal advice. For specific guidance on your situation, you should consult with a copyright attorney.

Fair Use and Parodies:

Parodies can...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Could we get sued by Konami for using a Yu-Gi-Oh card in a music video?

I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided, using a Yu-Gi-Oh card in your music video could potentially lead to legal issues with Konami. Here's an analysis of the situation:

Copyright and Trademark Concerns:

Yu-Gi-Oh cards are protected by copyright and trademark laws owned by Konami....
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Could we get sued by Konami for using a Yu-Gi-Oh card in a music video?

I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More

James L. Arrasmith
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answered on Jun 26, 2024

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

1. Fair Use: In some cases, brief use of copyrighted material can be considered "fair use," especially if it's incidental and not the main focus of the work. A 2-second shot might fall under this category.

2....
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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Looking for assistance from a trademark lawyer to answer my office actions.

I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).

Now I have a few questions from the Trademark office to respond to (office actions)... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:

1. Geographic terms in trademarks: The use of geographic terms...
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... 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 considerations to address:

Copyright ownership:

Your husband, as the creator of the logo, automatically owns the copyright to his work unless there was a written agreement transferring those rights....
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2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for Wisconsin on
Q: If I designed a logo for a small business with plans to expand, but wasn't paid, can I force them to stop using my work?

The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation involves several complex legal issues. Let's break it down:

1. Copyright ownership:

Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: can we use the name 'Goosebumps' for a different project which involves creating a bank of stories?

We are creating a story bank which includes the stories of all the artisans working for our company. The story bank is going to be named 'Goosebumps'. But this name is already a registered IP. The story bank for now is only for internal use but will be published for the public in the... View More

Bao Tran
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Bao Tran
answered on Jul 25, 2024

Based on the information provided and the search results, using the name "Goosebumps" for your story bank project could potentially lead to legal issues. Here's an analysis of the situation:

Trademark Protection:

"Goosebumps" is a registered trademark owned...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: can we use the name 'Goosebumps' for a different project which involves creating a bank of stories?

We are creating a story bank which includes the stories of all the artisans working for our company. The story bank is going to be named 'Goosebumps'. But this name is already a registered IP. The story bank for now is only for internal use but will be published for the public in the... View More

James L. Arrasmith
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answered on Jun 25, 2024

This is a complex intellectual property question that requires careful consideration. Here's an overview of the key legal issues to be aware of:

1. Trademark protection: "Goosebumps" is likely a registered trademark owned by Scholastic Inc. for their popular children's...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: Is the method of ‘adjusting golf scores based on abnormal weather conditions’ patenable?

USGA World Handicap System

James L. Arrasmith
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answered on Jun 22, 2024

To assess the patentability of 'adjusting golf scores based on abnormal weather conditions' as part of the USGA World Handicap System, we need to consider several factors:

1. Novelty: The idea must be new and not previously disclosed to the public.

2. Non-obviousness: It...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: My patent was denied because the reviewer claimed that if I combined two existing patents.

The reviewer denied my patent once claiming that my idea operated the same way as an existing product, once my lawyer better explained to him how it operates he agreed that he was wrong about it, but came back saying that if I combined two existing patents I could've get the idea to build my... View More

James L. Arrasmith
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answered on Jun 22, 2024

This is an interesting and complex patent law question. To provide a thorough answer, I'll need to explain a few key concepts in patent law:

1. Novelty: For an invention to be patentable, it must be novel (new). If your invention is identical to a single prior art reference, it lacks...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Is the electric hair comb/hair straightener patented?
James L. Arrasmith
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answered on Jun 22, 2024

To provide an accurate answer about whether a specific electric hair comb or hair straightener is patented, I would need more details about the particular product in question. However, I can offer some general information that may be helpful:

1. Many electric hair combs and straighteners...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Florida on
Q: how do I contact this company for a licence to one of these patents

My dream is to get Beta Hydroxy butyrate (BHB) available for everybody in the supermarket because of its unprecedented health potential. The use of BHB for increasing ketone bodies is patented. Therefore, I probably need a licence to this patent if I would like to sell such a product in the... View More

James L. Arrasmith
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answered on Jun 22, 2024

To answer your question, we need to break it down into a few steps:

1. Patent verification:

First, we need to confirm that the use of Beta-Hydroxybutyrate (BHB) for increasing ketone bodies is indeed patented. Without specific patent information, I can't verify this claim....
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: i need help finding out if a tire with a neon tread embedded at the legal wear point is patented or not
James L. Arrasmith
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answered on Jun 22, 2024

To determine if a tire with a neon tread embedded at the legal wear point is patented, you'll need to conduct a patent search. Here's a concise approach:

1. Search the US Patent and Trademark Office (USPTO) database:

- Visit patents.google.com

- Use keywords like...
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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

Jennifer Newton
Jennifer Newton
answered on Jun 26, 2024

Since the individual who provided the name is not a part owner of your LLC but may claim it as their intellectual property, it is important to address this issue to protect your business.

First, verify the legal ownership of the business name. If you registered the LLC under this name and...
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3 Answers | Asked in Business Formation, Business Law, Contracts and Intellectual Property for Massachusetts on
Q: Someone gave me the name to my business. If we separate is there anything he can do to take the name of my llc?

He’s is not part owner on the llc but understanding it’s his intellectual property I want to make sure everything I’m building doesn’t belong to someone else.

William J. Amann
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answered on Jun 22, 2024

Know the difference between the legal name of the business and the trade name, if there is a difference. As an example, Coke could be the trade name for the Coco-Cola Company, Inc. (legal name). You might want to register the trade name with the state's Secretary of State's Office,... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Connecticut on
Q: HelloAm I able to patent a silicone scar gel?
James L. Arrasmith
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answered on Jun 22, 2024

To answer this question, I'll need to provide some general information about patenting requirements and considerations specific to silicone scar gels. However, please note that patent law can be complex, and this response should not be considered legal advice.

Generally, to be...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Connecticut on
Q: HelloAm I able to patent a silicone scar gel?
Joshua Bradford Kons
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Joshua Bradford Kons
answered on Jun 21, 2024

The patent prosecution process is rigorous, but generally speaking the elements to receive a patent are that a product is new or novel, cannot have been previously publicly known, cannot have been previously offered and sold in the United States for at least one year prior to the patent... View More

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1 Answer | Asked in Trademark and Intellectual Property on
Q: Can CARREFOUR - Trademark pervent me from calling my store carrefour mars?
James L. Arrasmith
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answered on Jun 21, 2024

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

1. Similarity: "Carrefour Mars" is quite similar to the existing CARREFOUR trademark. This similarity in name could potentially lead to consumer confusion.

2. Industry and goods/services:...
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1 Answer | Asked in Copyright and Intellectual Property for Virginia on
Q: Can I republish information from a State agency website/publication?

I wrote a book and want to include portions of the Virginia driving manual found on the DMV website and the Standards of Learning found on the VA Department of Education website. Does this violate copyrights? How could I get permission to reprint it in a book that will be for sale?

James L. Arrasmith
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answered on Jun 21, 2024

To answer your question about republishing information from state agency websites or publications:

Generally, works created by federal government agencies are in the public domain and not subject to copyright protection. However, state and local government works may be copyrighted,...
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1 Answer | Asked in Intellectual Property and Products Liability for California on
Q: I have a product from Alibaba. Product looks similar but not same and it is unbranded. Is it okay to sell in the US or n
James L. Arrasmith
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answered on Jun 21, 2024

To answer this question thoroughly, we need to consider several legal and ethical aspects:

1. Intellectual property:

- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.

-...
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