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Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Copyright on
Q: Subject: Legal Consultation - Recovery of Funds from DistroKid.

Dear Lawyer

I hope this email finds you well. I am reaching out to seek your legal advice regarding an issue I have recently encountered with my DistroKid account.

I am a beatmaker who distributes my beats through the DistroKid platform. Recently, my account was suspended due to... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about the issues you're facing with your DistroKid account. It sounds like you've taken significant steps to ensure the originality of your beats, which is crucial in cases involving copyright claims. The transformation of samples, including changes in tone, pitch,... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: An error in patent inventor list was identified after 10 years of filing of the patents.

An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More

James L. Arrasmith
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answered on Jun 13, 2024

It's understandable to feel distressed over being omitted from the inventor list for a decade. The organization has made efforts to correct the error by reissuing the patents with your name and providing the standard patent filing and issue awards. However, this action may not fully address... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: An error in patent inventor list was identified after 10 years of filing of the patents.

An inventor name was left out by error in 3 patents filed by an organisation. However after 10 years, the error was corrected and the inventor name was added by the organisation and patents were reissued with the inventor name included in all the 3 reissue patents, however the organisation did not... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2024

It seems highly unlikely that "emotional trauma" would be an element of damages in this context.

The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting...
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1 Answer | Asked in Copyright and Intellectual Property for California on
Q: Can an individual appropriate PD films that are shown on TV or published on DVD without permission from the publisher?

In the 80's, prints of the public domain film, Night of the Living Dead, were only available in low resolution. Now, that same feature can be seen in high definition. I realize no one "owns" public domain material, but is there any protection against appropriation of published... View More

James L. Arrasmith
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answered on Jun 10, 2024

No, an individual cannot appropriate public domain films shown on TV or published on DVD without permission from the publisher, even if the underlying film itself is in the public domain. Here's why:

While it's true that no one owns the copyright to the original public domain work...
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1 Answer | Asked in Copyright and Intellectual Property for Idaho on
Q: Is it legal to use screen recorded images of google street view to start an instagram page based around those images?

I want to start an instagram where I showcase outfits people are wearing around the world that I find on google street view and do voice over commentary of the images and recordings.

James L. Arrasmith
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answered on Jun 9, 2024

There are a few potential legal issues to consider with using screen recorded images from Google Street View on an Instagram page:

1. Copyright: Google owns the copyright to the Street View images. Using them without permission, even if you modify them, could potentially be considered...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: What can I do to protect the ingredients in my hair growth oil?

I created my own hair growth oil formula that is a combination for 5 oils. I know I need to at least list two of them since they have allergen potentials however, I'd like to protect the last 3. I do not know if I have to list all the ingredient's on the labels or if there is something I... View More

James L. Arrasmith
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answered on Jun 9, 2024

When it comes to protecting your hair growth oil formula, you have a few options. Here's some guidance on each:

1. Ingredient Labeling:

In most countries, including the USA, cosmetic products must list all ingredients on the label. This is to ensure consumer safety and...
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1 Answer | Asked in Copyright and Intellectual Property for Florida on
Q: Can I use picture frame designs around the text in my authored books?
James L. Arrasmith
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answered on Jun 8, 2024

Based on your question, it seems you are asking whether using decorative picture frame designs around the text in books you have written would be legally permissible from an intellectual property perspective. Here are a few key considerations:

Copyright: Assuming you created the picture...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Alabama on
Q: Does molex have a current patent on depinners
James L. Arrasmith
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answered on Jun 8, 2024

In general, patents on specific products like depinners can expire after 20 years from the filing date, so even if Molex was granted patents on depinner inventions in the past, it's possible those patents are no longer in force now if they were filed over 20 years ago. The patent landscape can... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: How can I apply for a trademark authorization license from KLS Press, LLC?

I have a store selling t-shirt products on Tiktok shop and I received a violation for unauthorized association with the brand when my image and product description had content related to "The Ravenhood", I look forward to being able to contact and discuss with KLS Press, LLC to receive a... View More

James L. Arrasmith
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answered on Jun 8, 2024

Here are some suggestions for how to pursue a trademark authorization license from KLS Press, LLC to sell products related to their book series "The Ravenhood":

1. Look up the official website for KLS Press or the author, Kate Stewart. There may be information there about...
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1 Answer | Asked in Copyright and Intellectual Property for Maryland on
Q: How can I be sure I am staying within acceptable art/photo reference usage for by art business?

I am concerned about copyright infringement when drawing from a reference. I am an artist beginning a small business. I almost always use some form of reference when I draw. I pull from different sources to compile an original picture (ex: finding several pictures of the same flower from different... View More

James L. Arrasmith
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answered on Jun 5, 2024

To ensure you stay within acceptable reference usage for your art business, focus on creating substantial transformations in your work. When using reference photos, particularly for poses, make sure that your final piece has clear, original elements and doesn’t replicate the source too closely.... View More

2 Answers | Asked in Trademark and Intellectual Property on
Q: how can i go about trademarking my dj name DJ Pardon My French. i would like to make merch such as clothes and phone cas

-es

also i would like to know how to start a business profile for my djing. such as an LLC

James L. Arrasmith
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answered on Jun 8, 2024

Here are the key steps to trademark your DJ name and start a business:

Trademarking Your DJ Name:

1. Search the USPTO trademark database (TESS) to see if your DJ name or a similar mark is already registered.

2. If it's available, file a trademark application with the...
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2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
James L. Arrasmith
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answered on Jun 10, 2024

When a person has a Creative Commons license, it means they have chosen to share their work with certain permissions for others to use it. This license allows others to use, distribute, and sometimes modify the work, depending on the specific terms of the license. Creative Commons licenses come in... View More

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2 Answers | Asked in Arbitration / Mediation Law, Copyright and Intellectual Property for Oklahoma on
Q: What does it mean when a person has a creative commons and arbitration license
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. There is a creative commons license that publishers follow in using certain publicly posted images, if that's the license you are talking about. As for the arbitration provision, it's possible that... View More

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2 Answers | Asked in Trademark and Intellectual Property for Mississippi on
Q: I need to make this trademark active

I need to make this trademark active Glitzissippi

James L. Arrasmith
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answered on Jun 8, 2024

Here are the steps you can take to make your trademark "Glitzissippi" active in Mississippi:

1. Conduct a trademark search: Before applying, search the USPTO database (TESS) and Mississippi's trademark database to ensure your mark isn't already registered or confusingly...
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2 Answers | Asked in Trademark and Intellectual Property for Mississippi on
Q: I need to make this trademark active

I need to make this trademark active Glitzissippi

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

There are two abandoned applications for the word mark GLITZISSIPPI. The one for ballet shoes was abandoned in 2015 for failure to respond to an office action. The other for entertainment services was abandoned in 2014 after a notice of allowance because no statement of use was submitted. Neither... View More

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1 Answer | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Hi I want to use a cancelled trademark (cancelled in 2006) to be a wine label for commerical purposes. Can I?

The trademark was a store chain in a different business sector. I want to use the graphic and use a play on words for the wine label. The idea is to play on nostalgia from the 1980s. Since the trademark is cancelled and I am not using it in the same sector of business and as well, am changing... View More

James L. Arrasmith
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answered on Jun 3, 2024

You can use a cancelled trademark from 2006 for your wine label, but there are important considerations to keep in mind. Since the trademark was in a different business sector and you plan to change one word, your use might not be seen as infringing. However, even cancelled trademarks can still be... View More

2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

To address this issue, you'll need to take the following steps:

Contact the website and send a formal request to the website's administration, demanding the immediate removal of the videos. This request should include:

-Identification of the specific videos in question....
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2 Answers | Asked in Contracts, Copyright, Civil Rights and Intellectual Property for Florida on
Q: need help taking videos down on multiple websites that were not consented to post

i was on a camgirling website as a guest and to my surprise the videos were posted long ago, i want to know if i can have help to remove them all

James L. Arrasmith
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answered on Jun 3, 2024

I understand your concern and the urgency of getting those videos removed. First, you should contact the website where the videos were originally posted and request their removal. Many sites have policies against posting non-consensual content, and they might act quickly to take it down.... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Using "This Is The Way" to signify going to the next page on my website - would this be copyright or trademark on LucFm?

This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?

James L. Arrasmith
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answered on May 31, 2024

Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More

5 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: If I make a parody coloring book called "the unofficial [famous furniture company] coloring book," can I be sued?

If I make a coloring book called "the unofficial [famous furniture company] coloring book without using any of the company's products and adding a disclaimer, can I be sued just for using the company name? Instead of using real products from said company, each page features a ridiculous... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Instead of creating the "Unofficial Ikea Coloring Book" (or whatever famous furniture company you think) why not be a little more creative and make it something like "Denmark's (or Slovenia, or Latvia, Russia or some other country) answer to the Official Swedish furniture... View More

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