Louisiana Copyright Questions & Answers

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

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Louisiana on
Answered on Jun 5, 2018
Kevin E. Flynn's answer
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 is not used for images but design patents can cover the ornamental appearance of items including icons uses on computer or phone screens so I do not want to dismiss this out of hand.


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

2 Answers | Asked in Copyright and Patents (Intellectual Property) for Louisiana on
Answered on Jan 15, 2018
Peter D. Mlynek's answer

There are dozens or hundreds of patents on making sausages or boudin. Some of them may extend to premade entrees. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=0&f=S&l=50&TERM1=sausage&FIELD1=TI&co1=AND&TERM2=&FIELD2=&d=PTXT

However, it is possible that your method does not infringe on any of the claimed methods. It is also possible to patent your method if it is really new.

To give you a better...

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

1 Answer | Asked in Copyright for Louisiana on
Answered on Oct 25, 2017
Yan Zong's answer
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.

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

1 Answer | Asked in Copyright for Louisiana on
Answered on Oct 25, 2017
Yan Zong's answer
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.

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

1 Answer | Asked in Copyright and Intellectual Property for Louisiana on
Answered on Oct 7, 2017
Benton R Patterson III's answer
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 infringement. If you think you may need to sue, you should register your work with the US Copyright Office so that you may recover monetary damages.

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?

1 Answer | Asked in Contracts, Copyright, Intellectual Property and Trademark for Louisiana on
Answered on Feb 6, 2017
Will Blackton's answer
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 picture taken (and owned) by someone else?

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

2 Answers | Asked in Consumer Law, Copyright, Products Liability and Trademark for Louisiana on
Answered on Jan 18, 2017
Peter N. Munsing's answer
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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