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Kansas Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas on
Q: Would this be copyright infringement?

I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but according to their... Read more »

Griffin Klema
Griffin Klema answered on Apr 9, 2019

You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike swoosh is a... Read more »

3 Answers | Asked in Copyright and Intellectual Property for Kansas on
Q: Am I violating any laws by selling items with my own graphic design/phrase tha has been newly TM'd by someone else?

Hello,

Thank you in advance for your time.

Three years ago I designed text and graphics that includes a particular phrase. I have been selling this graphic on textiles, apparel & enamel pins since 2016. It has come to my attention that another company has very recently trademarked... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 1, 2019

You are OK. The whole point of intellectual property law is to assure creators who make, invents or creates something, are protected from nefarious individuals who would steal or copy it. If you've been using a phrase in your business for several years, nobody can register it and prevent you from... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Kansas on
Q: I am looking to publish a family history and genealogy using an aerial photo of the family farm as the front cover.

I can identify the photography company, but have not been able to locate them through state and library records. The picture was take in 1955. I doubt I'm going to sell many copies, but am concerned about copyright infringement.

Griffin Klema
Griffin Klema answered on Mar 18, 2019

This is a tricky situation. Copyright infringement is strict liability, so your intent not to infringe doesn't save you from a possible claim of infringement. Whether the image is actually subject to a copyright claim is unclear, since it was created before 1978. If it was published or registered... Read more »

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another name? What... Read more »

Benton R Patterson III
Benton R Patterson III answered on Apr 17, 2018

If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so.... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?
Griffin Klema
Griffin Klema answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within the...
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1 Answer | Asked in Intellectual Property for Kansas on
Q: Do i have any commercial rights over my own photographs?
Paul Overhauser
Paul Overhauser answered on Dec 15, 2010

It depends on what you mean by your "own" photographs. If these are photos you took, yes, you probably own copyrights to them. If someone else took picture of you, they would own the rights to them. However, you may also have a "right of publicity," which would give you the right to prevent... Read more »

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