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3 Answers | Asked in Intellectual Property, Trademark and Internet Law on
Q: How to address a copycat game title and design on Google Play Store?

I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 11, 2025

You should report the copycat app via the Google reporting form at https://support.google.com/googleplay/android-developer/contact/policy_violation_report?sjid=120013622250789082-NC. Although you haven't registered a trademark, there is some common law protection for unregistered trademarks... View More

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3 Answers | Asked in Intellectual Property, Trademark and Internet Law on
Q: How to address a copycat game title and design on Google Play Store?

I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More

David Aldrich
David Aldrich
answered on Apr 11, 2025

Since you have already been using the name in the marketplace, your best first step is typically to file a federal trademark application. Normally, if you were using the mark in commerce prior to the other party, you would send the other party a cease and desist, informing them they are infringing... View More

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3 Answers | Asked in Business Law, Intellectual Property and Internet Law for Washington on
Q: Legal use of public domain comic book designs for online t-shirt store on platforms like Amazon?

I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.

I... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 10, 2025

That's a great idea! Amazon and other U.S. based platforms will apply U.S. law which includes the U.S. copyright period, which ls longer than in many other countries. For works created on or after January 1, 1978, copyright lasts for the life of the author plus 70 years. If it's a work... View More

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3 Answers | Asked in Business Law, Intellectual Property and Internet Law for Washington on
Q: Legal use of public domain comic book designs for online t-shirt store on platforms like Amazon?

I plan to start an online store selling t-shirts through print-on-demand platforms like Amazon, Printify, and TeeRepublic, while operating remotely from outside the U.S. I will manage the catalog and payment setup, with shipping outsourced and handled by providers directly to customers.

I... View More

Sarah Teresa Haddad
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answered on Apr 10, 2025

For the designs that you plan to purchase, this usually means that you have the consent of the copyright owner upon purchase to distribute and modify the design. If Amazon receive a complaint about these designs, you can show them proof of the purchase and consent. Some comic book covers are so... View More

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4 Answers | Asked in Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Is using various photos as reference for publishing art under Fair Use?

I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.

Some of the photographs... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2025

1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original...
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4 Answers | Asked in Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Is using various photos as reference for publishing art under Fair Use?

I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.

Some of the photographs... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 7, 2025

That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More

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2 Answers | Asked in Internet Law and Civil Rights for Missouri on
Q: Can you get into legal trouble for viewing leaked OnlyFans content?

I viewed leaked OnlyFans content on a public forum without interacting or downloading it. The content was shared without the creator’s consent. Can I get into legal trouble for just viewing this content, even though there were no legal warnings on the forum and I haven’t been contacted by any... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 6, 2025

No, there is no legal liability on you for viewing leaked OnlyFans content. The only exception would be if the model was underage, but since OnlyFans checks IDs of its performers, this is unlikely. The legal liability that exists here would be on the person who uploaded the content, not on those... View More

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2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: Is it illegal to access an ex's old iPhone still signed into their Apple ID without permission?

I have an old, deactivated iPhone left behind by my ex, which still has her Apple ID signed in. We have no contact, and I have not been granted permission to access the device. I recently found out she was cheating on me. Is it illegal to access this device under these circumstances?

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Yes, there are computer crime laws that prohibit a person from “Intentionally and without authorization or by exceeding valid authorization, access or cause access to be made to a computer program, computer, computer system, or computer network.” This could be used to lay charges against you... View More

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2 Answers | Asked in Communications Law, Consumer Law and Internet Law for Michigan on
Q: Is installing mSpy without consent legal for phones I pay for?

I pay for two cell phone lines under my account. A family member, who is over 18, uses one of these lines. There are no formal agreements; it was offered for cost-saving purposes. I'm considering installing parental control software, like mSpy, on the device. Is it legal to do so without their... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Since they are over 18, no. As an adult they have a reasonable expectation of privacy. mSpy can be used to perform covert surveillance, including surveillance of conversations without the consent of at least one party. This could result in you inadvertently committing a felony. In addition, if it... View More

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2 Answers | Asked in Contracts, Trademark, Internet Law and Intellectual Property for Washington on
Q: Can I publish a game named "Buzzle" without copyright infringement, and if renamed, change the package ID "com.mycompanyname.buzzle"? Is "Bazzle" safe?

I am an indie mobile game developer planning to publish a commercial game on the Google Play Store. The name of my game is "Buzzle," which I discovered is already used by two other not very popular games. The existing Buzzle games are also puzzle games, but they have different core... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 31, 2025

A trademark covers a specific type of good or service, so registering "Buzzle" for a game and "Buzzle" for a pizza shop would probably not be an infringement. But when you have multiple digital games all called "Buzzle", there is more obvious scope for infringement.... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Internet Law for Arkansas on
Q: Is it legal for my ex-husband to post non-consensual videos after divorce?

I discovered that my ex-husband posted a video of us engaging in a private activity without my consent on an adult website. The videos were recorded during our marriage, but I did not consent to their recording or sharing. Although he has removed them, I am concerned he might repost them elsewhere... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 26, 2025

I'm very sorry that this happened to you. No, it is not legal for him to post these private videos of you, and depending on where you are both located, it might also be a criminal offense. Other than by contacting him to alert him that you might take legal action, there is no simple solution... View More

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2 Answers | Asked in Internet Law and Communications Law for Texas on
Q: Concerns about being tracked via phone and computer without investigation

I believe I am being tracked through my phone and computer, although I am unsure if it's being done by law enforcement. I have noticed unusual changes on my devices and in my home, such as someone seemingly knowing my activities and affecting my internet or cutting out apps. For example, my... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

You should hire a forensic electronics security expert to check out your phone, your computer, and your internet router. They should be able to detect if there is any sort of tracking software installed on any of your devices and remove them. They should also be able to provide you with updated... View More

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2 Answers | Asked in Internet Law and Civil Litigation for Virginia on
Q: Concerned about default judgment in Virginia DMCA case without personal identification details.

I am involved in a civil DMCA-related case in Virginia, where I have been notified via email. I am not American and intend not to appear, resulting in a default judgment. The other party lacks any physical address or identification details for me. Given this situation, how long should I be... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 24, 2025

It would be useful to know a bit more about the case. For now, let me assume that you are accused of reproducing copyright material, and that the DMCA judgment will order you to take it down. As you mentioned, if they lack identification details or an address for you, enforcing the judgment may be... View More

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2 Answers | Asked in Intellectual Property and Internet Law for Tennessee on
Q: Will using clips in my YouTube channel qualify as fair use or require strategy changes?

I'm planning to start a YouTube channel, focusing on documentary-style content about cars, including my opinion, critiques, commentary, and insights. To make it engaging, I intend to use short video clips (under 10 seconds) from various sources like old car advertisements, magazines,... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 23, 2025

This sounds like an archetypal example of fair use. But that doesn’t mean that you may not receive a copyright claim. That’s because some copyright owners have an arrangement with YouTube where uploaded material is scanned for copyright violations. If you receive this, don’t panic! You can... View More

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2 Answers | Asked in Civil Rights, Civil Litigation and Internet Law for California on
Q: How to remove old comments from Blogger showing full name?

I left two comments on a now-abandoned blog hosted by Blogger when I was a minor. These comments, which show my full name, appear in Google search results and affect my personal and professional life. I have contacted Google and Blogger, but they require a court order to remove them, and attempts... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 22, 2025

You may have more rights depending on where you live. If you live in California, the UK, or the European Union, you can request removal of your personal information. Additionally, even if you live elsewhere, if you were under 13 at the time then you may be able to get the content removed under... View More

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2 Answers | Asked in Communications Law, Internet Law and Constitutional Law on
Q: Is it legal to use AI to flag illegal content and store it for review on a US-based free-speech platform?

I own a free-speech, privacy-first platform where users can upload various files, including images. The website uses Artificial Intelligence to detect and flag potentially illegal content, such as CSAM, to prevent uploads or flag for manual review. The flagged content is stored for 24 hours for the... View More

Jeremy Malcolm
Jeremy Malcolm
answered on Mar 21, 2025

Great question! Flagging the content for 24 hours for review is not going to trigger liability for you, because at that point the legal status of the content is still pending verification, and you haven't obtained actual notice of anything illegal. But once you do verify it and find that it is... View More

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2 Answers | Asked in Civil Rights, Consumer Law, Internet Law and Landlord - Tenant for Texas on
Q: Targeted by cyberbullying and harassment for three years: seeking legal actions in Texas.

I have been targeted for cyberbullying and organized harassment over the past three years. Specific individuals and groups have been identified, and I reported this to the Houston Police Department, IC3, and my previous apartment manager. The police issued a case number but said my case isn't... View More

John Michael Frick
John Michael Frick
answered on Mar 19, 2025

You theoretically can sue those responsible if the cyberbullying, harassment, and stalking satisfy the elements of a cognizable legal theory of recovery.

These tend to be very difficult cases to prove. In addition to proving the bad acts and exactly who committed them, you should...
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2 Answers | Asked in Business Formation, Intellectual Property and Internet Law for Colorado on
Q: Can Konnectabiz.com protect its IP despite similarity to connectabiz.com?

I am in the planning phase of starting a business called Konnectabiz.com, which aims to connect small businesses with free resources. We plan to operate primarily in the United States with potential expansion internationally. We purchased the URL Konnectabiz.com, but we are concerned about the... View More

Kia Miller
Kia Miller
answered on Mar 19, 2025

The short answer is it depends. The first question is going to be whether consumers are likely to confuse Konnentabiz with a Connectabiz. If there is a likelihood of confusion between the two, the second question will be which entity was using their name (or trademark) in commerce first. In... View More

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2 Answers | Asked in Intellectual Property, Trademark and Internet Law for Iowa on
Q: Legal aspects of dropshipping: IP rights, privacy compliance.

I am planning to start a dropshipping business using Shopify, but I have no prior experience. I specifically need guidance on handling intellectual property rights and trademarks, as well as ensuring compliance with privacy laws and data protection standards in my online store operations. What... View More

Emmanuel Coffy
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answered on Mar 9, 2025

Starting a dropshipping business on Shopify requires careful attention to intellectual property (IP) rights and privacy compliance to avoid legal issues. Here’s what you need to consider:

Intellectual Property (IP) Rights & Trademarks

Avoid Selling Counterfeit Goods – Ensure...
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3 Answers | Asked in Child Custody and Internet Law for Ohio on
Q: Is a recording of a child admissible in Ohio custody court?

I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 9, 2025

I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More

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