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Louisiana Copyright Questions & Answers

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on

Q: Does copyright filed in the UK apply in the US? And if the products are cosmetic and similar does that apply?

I received a message from someone on Facebook regarding some cosmetic brushes that I customize in my free time and that I have sold to a few people. They claim that their brushes, which are similar, are copyrighted but I see no proof of it on the website or elsewhere. They are also located in the... Read more »

Warren V. Norred answered on Aug 1, 2019

A work registered in the UK may be enforced here under the Berne Convention, but I'd ask them to give you proof of copyright.

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on

Q: Can I claim unjust enrichment as a Joint-author of a copyright if publisher has not paid my splits and has not included

any attribution of my contributions within press releases of the work — despite the fact that only my contributions appear in that press release. The attribution of the songs lyrics, and ideas in the NPR press release include every other joint-author excluding me. This enriches the other... Read more »

Griffin Klema answered on Apr 24, 2019

Short answer: maybe. Long answer: it probably depends on how clear the evidence is that you were actually an author on the subject work. Have any of the other authors (or anyone generally involved in the development/project) claimed that you did not make any creative contribution to the final work... Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Louisiana on

Q: Are pokemon likenesses covered under their patent. For example may I use a creature that looks like a Squirtle.

I am in the process of making a video game and one of the world's is pokemon themed. I understood I cannot use their name but was wondering if I could use pokemon likenesses as nuisance creatures.

Kevin E. Flynn answered on Jun 5, 2018

Your question did not include a patent number. The first step of answering the question is to determine whether there is a patent that has issued and has not expired. You may want to do some searching using tips at my slide set http://bit.ly/Patent_Searching .

Generally the patent system...
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2 Answers | Asked in Copyright and Patents (Intellectual Property) for Louisiana on

Q: Is there a patent for the preparation method that consists of a premade entree stuffed into a casing?

Somewhat like boudin, but not. Full entree meals fully cooked that are stuffed into raw hog casings and just require bringing up to temp.

Peter D. Mlynek answered on Jan 15, 2018

Yes.

There are dozens or hundreds of patents on making sausages or boudin. Some of them may extend to premade entrees....
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1 Answer | Asked in Copyright for Louisiana on

Q: In regards to copyright question I just sent and was answered we are both a coffee shop

Yan Zong answered on Oct 25, 2017

Hi you also need to find out whether the other party registered its logo with the USPTO already. If not, it may not be able to enforce its rights of the mark in another state.

1 Answer | Asked in Copyright for Louisiana on

Q: If something is copyrighted on their web page in another state and my artwork is similar. What determines how similar

My logo and theirs is similar we both use word grounded , both have roots but different and mine come from tree forming the word grounded. Theirs is a coffee cup with word grounded above and roots inside cup. Can they come after me since they r copyrighted and say I stole from them

Yan Zong answered on Oct 25, 2017

Hi, you description of the issue seems you are talking about trademark rather than copyright. If you are concerning about use of similar logo, you may consider not only how similar the logo (the mark) is, but also the service/goods that you both deal with in the commerce.

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on

Q: Someone is using my artwork to promote their live show without my permission. Recommendations on course of action?

I created promotional material for a show in Vegas. There was no contract; they never licensed it from me, so they don't own the rights to any of it.

They have since remounted a different show under the same name in LA & they are using my creative work to promote the new show.

I did... Read more »

Benton R Patterson III answered on Oct 7, 2017

The first step would be to approach them yourself to try to work out a deal. If that doesn't work, try having an attorney contact them on your behalf and explain why they are legally obligated to stop using your work and properly compensate you. If that fails, you could sue them for copyright... Read more »

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Louisiana on

Q: If I sold a tshirt with someone else's picture on it, what is the percentage of sales they would legally be entitled to?

Will Blackton answered on Feb 6, 2017

That answer will depend on a number of factors, but as it relates to intellectual property law, the first question you have to answer before anyone can possibly respond to your question accurately:

Is this a picture you took (or own the rights to) that is of someone else, or is this a...
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2 Answers | Asked in Consumer Law, Copyright, Products Liability and Trademark for Louisiana on

Q: Cartoon series called "The Ratman Chronicles". I buy the domain name - "www.ratman-chronicles-toys". Will I get sued?

I'm working to sell children's toys online as an affiliate marketer of Amazon.com. I am trying to determine if I'm legally allowed or permitted by The Ratman Chronicles authors/owners to feature the same words as are in the TV series title itself as a part of my domain name I purchased in order to... Read more »

Peter N. Munsing answered on Jan 18, 2017

The domain name I believe is OK. Thre rest of it is murky and you'd really need to get some advice to avoid major issues.

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