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Louisiana Intellectual Property 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 Intellectual Property for Louisiana on

Q: Can a grandparent will heir property to a sole child or grandchild?

Their are other siblings and grandchildren thinks that the grandmother was forced to sign a paper saying this, but we havent seen anything of such.

Griffin Klema answered on Mar 18, 2019

This is not an intellectual property question, but rather a real property issue, or probate issue. Consider re-posting the question under the correct topic.

1 Answer | Asked in Products Liability, Insurance Defense, Intellectual Property and Small Claims for Louisiana on

Q: What kind of attorney I need to sue Walmart for messing up my car?

I went to get a oil change and the mechanic told me he changed my oil and it would last me three months. When I tried to go to work the next morning I couldn’t. I had to turn my car off all of the oil leaked out. I had to catch a Uber to work. When I got off I had my car towed to Walmart.They... Read more »

Peter N. Munsing answered on Jun 29, 2018

If you have a receipt make several copies. Never give the original. Get an estimate from a mechanic as to what is needed to fix it.

1 Answer | Asked in Intellectual Property, Criminal Law and Civil Rights for Louisiana on

Q: There was a warrant, not physically given to owner of property as per requested, executed on property was this legal?

There was a knock and see by a task force who then considered statement made by a room mate staying on property that admitted to using drugs personally, not on property probable cause for issuance of said warrant.

Ellen Cronin Badeaux answered on Apr 30, 2018

You need a criminal attoeney to file a Motion for a Preliminary Hearing

2 Answers | Asked in Estate Planning and Intellectual Property for Louisiana on

Q: My grandmother in 2012, both died intestate. Can I inherit my dads property if his name is not on my birth certificate?

My dad died in 2000 and my grandmother died in 2012, both died intestate. I'm an adult and I'm can't prove paternity, because my dad's name is not on my birth certificate. Is there anything else I can do? Am i legally an heir?

Morgan Travis Allison answered on Nov 9, 2017

There are other possible ways to prove you are an heir. A DNA test comparing your DNA to one of your dad's siblings might work. Also, witnesses could testify to facts that would suggest he was your father. Did he ever say he was, or act like he was? You would have a better case with a birth... Read more »

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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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