James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

If you've substantially changed the lyrics, composition, and meaning of the song to create something new, it's less likely to be considered copyright infringement. However, whether a lawsuit can be brought against you would depend on the specific details and nuances of your song and the... View More

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

There's a joke among lawyers: "A picture is worth a thousand words, but when that picture is protected by image copyright, the picture is only worth three words: cease and desist."

No, you cannot use a copyrighted or trademarked image owned by another in the sale or marketing... View More

The person who wrote the words originally, in its original language, is the copyright owner. The translation performed by Google Translate is a free translation service subject to whatever terms of use are written in the Google terms of use provisions. Your minor edits do not convert what (a)... View More

You probably should not do it.

You need to contact an attorney to understand the chances you have to get that mark

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2021

You need to retain local counsel to set up the right corporate entities for you, then have an intellectual property attorney set up the appropriate protections for you. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely... View More

“Under the doctrine of ‘patent exhaustion,’” United States Supreme Court Chief Justice John G. Roberts Jr., wrote in a 2017 decision, “once a patent holder sells an item, it can no longer control the item through the patent laws.... The purchaser and all subsequent owners are free to use... View More

That is a very interesting question. It is very likely a minefield.

You need to consult with an attorney for guidance and strategies to mitigate (can never bring to zero) your risk.

Also consult with an insurance agency specializing in copyright coverage. They can make an assessment... View More

You may find this article informative on the subject, although it does not address any special statutory or other law in Maryland that may vary from the basic principal that a work made in the course and within the scope of employment generally belongs to the employer:... View More

Depends on several factors. Using a trademark that is virtually identical/confusingly similar to another trademark in the same or related class/category of goods or services may be deemed trademark infringement. Adding a hyphen may not be enough to overcome the likelihood of confusion by consumers.... View More

No, unless your intent is to trick potential customers into thinking they are dealing with you old employer in order to get your old employer's potential customers.

You may have a problem. However consider the rights of co-authors as addressed here:

https://corporate.findlaw.com/intellectual-property/copyright-ownership-the-joint-authorship-doctrine.html

That sounds like a worthwhile project, but you will still need to get permission from whomever owns the copyright in the song. Also most songs have music and lyrics, so there could be 2 copyright owners. The service providers will want to know that you have the rights to post your version of the... View More

Is it that you want your company to be the owner of the royalty stream for a particular work? BMI does allow for the assignment of such rights and has a form to use. However, once you assign the rights you no longer will have access to the royalty rights unless you have the rights reassigned to... View More

I gather that you registered the copyright of the song in your name with the Copyright Office. That is fine. If you want your business company to now own the copyright, you can have an Assignment of Rights prepared which would result in you assigning your copyright rights to the business.... View More

Read the descriptions for each, Sound recordings and PA, they explain.

Sound recordings could be with or without lyrics, so if it is a mp3, wav file, it is a sound recording.

You can add the copyrighted work in your description in limitation of claims, if they are filed with... View More

You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.

Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to... View More

As long as you are not creating written or media pieces (film) with the name as a title (assuming the name is unique and identical to the TV show) then there is probably neither copyright nor trademark infringement. But without reviewing the specific title and nature of your business it is... View More

Many government websites make information readily available for search but have a disclaimer that the information cannot be harvested by an auto-bot, software programs, etc. Harvesting an entire database is probably not going to fly, but without knowing what database you are trying to access, one... View More