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Louisiana Copyright Questions & Answers
1 Answer | Asked in Contracts, Copyright, Intellectual Property and Business Law for Louisiana on
Q: If i work in a group for school and we create a marketable idea of a company. Can I create the company without them?

We are creating a fake application for our marketing class. With their help we are creating the idea and presenting it. We all contributed to the final idea. If I create the application and go public with it, could I face legal backlash from them for not including them in the company?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

It depends on the terms of your agreement with the other members of the group. If you had a written agreement or contract that specifies each person's rights and responsibilities in regard to the creation and ownership of the company, then you would need to adhere to those terms. If there was... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: Can I name my sci-fi video game the same thing as an existing sci-fi book anthology?

The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 7, 2023

Although titles of works are not copyrighted, the characters and other elements of the book may be, so steer clear of infringing them. The other consideration is whether the title -- even if not subject to copyright -- may be registered as a trademark. You should consult an experienced... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Louisiana on
Q: Can I name my sci-fi video game the same thing as an existing sci-fi book anthology?

The name is not a common word or phrase, but it is a bastardization of an American idiom which uses common words.

James L. Arrasmith
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answered on Mar 29, 2023

Using the same name for a sci-fi video game as an existing sci-fi book anthology could potentially lead to trademark infringement issues. It is important to conduct a thorough search to ensure that the name is not already trademarked for similar products or services. Even if the name is not... View More

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1 Answer | Asked in Real Estate Law, Contracts, Copyright and Business Law for Louisiana on
Q: I need advice about a premium domain I purchased
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 27, 2020

Contact with an attorney to understand your rights and risks.

In general a domain does not assure any trademark rights.

1 Answer | Asked in Copyright and Criminal Law for Louisiana on
Q: Is it a ticket or a what I have n clue what it is
Allison Higgins
Allison Higgins
answered on Nov 28, 2020

Hi there. You would need to provide more information for an attorney to answer this question.

2 Answers | Asked in Copyright and Trademark for Louisiana on
Q: if something is trademark, can it be use if you show that it is trademark for a business purposes
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 17, 2020

Trademarks (for goods) and service marks (for services) are used for identifying the "source" of the goods/services. Business names sometimes are referred to as trade names.

Your question is a little unclear. If you are asking whether a business name can also be used as a...
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1 Answer | Asked in Copyright for Louisiana on
Q: Could I put a mask on Oscar the Grouch t-shirt it would aware of problems with masks on for covid-19.

For t-shirts

Jason Brooks
Jason Brooks
answered on Jul 27, 2020

The answer is “probably”. Fair Use I s determined on a case by case basis but parody is one of the acceptable forms of fair use. A parody is determined if a new work is providing commentary specifically on the Original work. In this case, you’d be making the statement, “don’t be a grouch,... View More

1 Answer | Asked in Copyright and Trademark for Louisiana on
Q: Hi, I’m a designer and I have a client who wants me to make them a logo for their future company. However Cont.

I think the Idea of using elements of an existing trademarked logo from another company may cause them some legal issues if they purse taking elements from another company’s logo

John B. Hudak
John B. Hudak
answered on Jun 19, 2020

There would need to be a side by side comparison to know for sure.

Generally, one can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer,...
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1 Answer | Asked in Copyright, Criminal Law and Federal Crimes for Louisiana on
Q: Can I lose my investment properties if sued and sentenced to Federal prison? I’m not sentenced yet, I’m just asking
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 13, 2020

Your assets can be seized for fines or restitution.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Louisiana on
Q: Will I run into trademark copyright issues by including "there's no place like home" in my event slogan?

I am helping host an event and we would like to use the slogan: "There's no place like home, and no taste like gumbo".

Furthermore, would the slogan: "There's no taste like gumbo", paired with a yellow brick road and red shoes for an event logo, cause any problems?

Bill Hulsey
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Bill Hulsey
answered on May 1, 2020

Probably not

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Louisiana on
Q: Is this patent still good?

I have the molds for these boats and was checking to see if patent expired

Kevin E. Flynn
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Kevin E. Flynn
answered on Apr 4, 2020

PATENT TERM

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are...
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2 Answers | Asked in Copyright and Criminal Law for Louisiana on
Q: Is having photos of someone illegal?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 31, 2020

Possession, without distribution, of non-sexual pictures of another person is not illegal.

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1 Answer | Asked in Copyright and Patents (Intellectual Property) for Louisiana on
Q: I'm looking into starting up a mobile home roofing business and was wondering if there were any patents on permaroofs?

Specifically any patents on permaroofs under the last name Black or Southern Builders out of El Dorado, Arkansas. Also there is Southern Builders out of Lebanon, Tennessee.

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 14, 2020

There is a place to register patent assignments at the USPTO just like you register title to a piece of property. Not everyone does this but most people do and there are incentives to register assignments for certain types of patents. You can look for the the assignee names here --... View More

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Louisiana on
Q: HELLO, I RESPONDED TO THE ABANDONMENT EMAIL WITHIN TIME ALLOTTED BUT HAVE NOT RECIEVED REPLY FROM USPTO. WHAT'S NEXT?

https://music.apple.com/gb/album/my-side-of-the-tracks/53532522

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 30, 2019

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone...
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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... View More

Warren V. Norred
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... View More

Griffin Klema
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... View 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
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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
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
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
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.

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