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Massachusetts Copyright Questions & Answers
1 Answer | Asked in Copyright for Massachusetts on
Q: How do i go about trade marking a name ??? What are cost involved in acquiring a trade mark name
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

You need to consult with an attorney and understand your options

1 Answer | Asked in Copyright for Massachusetts on
Q: Do I have to be associated with a public library in order to print and sell t-shirts with Nat Library Symbol?

The ALA site suggests the symbol is free for all to download and use, but also mentions it is intended for libraries.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 22, 2021

Very likely

Its use is probably limited in scope

Consult with an attorney to understand your risk and limits

1 Answer | Asked in Copyright, Internet Law and Trademark for Massachusetts on
Q: My dad was an ebay guy in the 90s . I was mailed to him then. Does he still controll it? Not used in years than

I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... Read more »

Omar Darwich
Omar Darwich answered on Jul 9, 2021

alot of depends here. I think more facts are going to be needed.

best course of action would be to consult with an attorney

1 Answer | Asked in Copyright for Massachusetts on
Q: Can I print & sell a book 1st published in 1885, Reprinted 2004 with "All Rights Reserved Revised Edition 1975?"

I have a paperback book 10"x14" of blank genealogy charts that I want to print and sell. The book of charts were devised by William H Whitmore, first published in Boston in 1885; Reprinted 2004 by Tuttle Antiquarian Books, "All Rights Reserved Revised Edition, 1975." Tuttle... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 17, 2021


Depends on what you have in your possession.

IF it is a document or book printed in 1885, you maybe able to make copies of it.

IF YOU have a print of that book, but that is after 1930 or that the PRINT has a copyright, you need permission of the publisher of that edition.

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: A photographer is claiming use of an image without permission and demanding copyright damages. What do we do?


Steve Charles Vondran
Steve Charles Vondran answered on Jan 20, 2021

There are many "photo trolls" out there seeking thousands of dollars for use of a single image. There are many different things we consider in deciding what amounts are fair and proper under the copyright law. For example, some factors to think of are:

1. Is the photo...
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2 Answers | Asked in Copyright and Trademark for Massachusetts on
Q: Hello, I want to trademark Keep it Kind Clothing. Is it available?

There is this filed.


Filed: September 6, 2019

Clothing, namely, shirts and hats

Serial Number: 88979131

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

No you can't.

Too close and will create confusion.

Consult with an attorney.

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1 Answer | Asked in Copyright for Massachusetts on
Q: I'm getting email threats by an IP law firm in CA over an innocent mistake I made 7 yrs ago experimenting with HTML site

7 years ago, while a newly trained massage therapist I made a site for my "future dream practice" using an HTML template. I didn't know then about copyright for images online. I picked some random images from google just to use as placeholders to substitute the empty gray placeholder... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 2, 2020

You should consider consulting with an attorney.

Unless you stopped paying for hosting or the domain name it is difficult to think that the website is not active.

Regardless you should remove all offending material ASAP.

You may want to negotiate with them, hopefully without...
Read more »

1 Answer | Asked in Copyright for Massachusetts on
Q: A blogger took pictures from my private Facebook page and used them to write an offensive blog post. Is this legal?

Are there any copyright violations? I believe that someone I am friends with on Facebook, took a screenshot of my private pictures and shared them via email with this blogger? Is it worth retaining a lawyer?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

This will largely hinge on (1) Facebook's Terms of Use ("TOU"); (2) Your privacy settings on this particular photo; and (3) the manner in which you chose to have this photo shared. Generally your right to privacy only extends to where a person "has a reasonable expectancy"... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Massachusetts on
Q: Can a vehicle be copyrighted as a work of art?

I designed the unique custom paint scheme for my car. Many publications take photos of custom vehicles then produce a product, magazine articles, for profit. Can a copyright protect me from someone else profiting off my labors?

John Brendan Riordan
John Brendan Riordan answered on Jul 16, 2020

Absolutely! You can definitley protect your design. Imagine someone took a picture off a photographer's website and printed it on their vehicle; just because they used it on their car doesn't mean they haven't infringed on that copyright! The important part is that it's not the... Read more »

1 Answer | Asked in Copyright for Massachusetts on
Q: I want to open a sub shop that has the name Gremlin Grub Stop. Gremlins* seems to be trademarked by warner bros. issues?

would i need permissions

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

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, that both marks are indicating a common source of the goods/services.

In addition...
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1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: hi, I had discovered a novel compound that shown an antifungal assay, this has never been reported, can i patent it?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020


There are a lot of factors in play

Has that compound being used before for something?

Has it been in existence before?

Did it have other elements that can be considered generic? so that a previous compound may be used if minor changes are made

Is it...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Supreme logo copyright/ trademark question


I want to make t-shirts with the box logo, but without the word "supreme." I am making shirts with simular (looks exactly the same) font with the same red but it says "Winga." Is this illegal? I am also making shirts with other colors.

I tried to contact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 16, 2020

We need more details so I can give you better guidance.

Check my website

480 324 6378

It will depend on how similar the designs are.

If you are just printing supreme on your t-shirts for example, you may have an argument that it is a generic...
Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Massachusetts on
Q: Would I be the "Sole Rights Holder of the material?" It's my video of a comedy show I taped with permission of the club?

I recently discovered a vhs tape of a stand-up comedy shot that I shot in 1993 at a Comedy Club. I was given permission by the comedy club to tape it as I was one of the comedians performing that night. I recently viewed the video again for the first time in almost 30 years....and 2 of the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 3, 2020

Very likely you are not. It is very possible the people in the video have some rights over the video.

You may have to reach out to the people live or their estate and get permission from them.

You should consult with an attorney, and also talk with an insurance company that...
Read more »

1 Answer | Asked in Copyright for Massachusetts on
Q: Do I own a copyright if someone else fixes my work in tangible form before I do, e.g. a dance or song I create?

Suppose, for example, I choreograph a dance and teach it to a group. But before I take other action, someone from the group makes a video of himself doing or teaching the dance---not claiming to have created it, in fact explicitly giving me credit. The dance is now fixed in tangible form, but not... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 18, 2020

Did you write down the steps to the choreography? If so, you may have fixed tangible expression already. If not, I would suggest putting it into a tangible fixed form as soon as possible and then registering it with the Copyright office. If I can assist you further, please feel free to email me at... Read more »

1 Answer | Asked in Copyright, Probate and Trademark for Massachusetts on
Q: How do I find out about a will from my great grandfather??

He was an inventor and patented at least 2 machines that I no of. How can I did out about patents payments inherited residual or my rights???

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 21, 2019

If you are the Court appointed Personal Representative of his estate, then you have authority to

contact the Patent Office or you can engage counsel or a search service. Also, you will be able to

review his tax returns, and financial and all other records.

3 Answers | Asked in Bankruptcy, Copyright, Employment Law and Immigration Law for Massachusetts on
Q: I’m an aspiring lawyer, any advice?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Yes. Stop wasting time asking silly questions here on Justia.

Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...
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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: Would trademarking be the best route to go in order to protect a brand you've built on social media?

For example you have a page that posts quotes and sells merchandise. Would a trademark protect quotes and merchandise with the brand name on it from being stolen?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 29, 2019

Trademarks protect the indicia of the source of goods. So, yes.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Massachusetts on
Q: Hi, I created unique aphorisms and want print them on clothes. How prevent copying of aphorisms?

Should I patent it as intellectual property? or copyright?

Should I go to lawyer or I can do it by myself online?

Thank you

Kevin E. Flynn
Kevin E. Flynn answered on Apr 4, 2018

Patents are not the answer as the patent part of the PTO does not care about the text; they care about the function or the ornamental design.

You can chase a trademark (need to specify trademark to get this to a TM lawyer on JUSTIA).

Not a perfect fit as a trademark is intended to...
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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: We have been using the words Orca Envelopes for years to describe their high strength. we did not attempt to trademark

the name Orca. A week ago a trademark for the words was granted to someone who has not been using those words before. Can my company protest the issuance of such a trademark (words) to that party?

Benton R Patterson III
Benton R Patterson III answered on Mar 19, 2018

It depends on the context in which you use the word Orca and the context that the trademark applicant plans to use the word in. You may have grounds to cancel the trademark. An attorney would need to review all the facts to determine if you have a case.

1 Answer | Asked in Contracts, Copyright and Intellectual Property for Massachusetts on
Q: What is the usual fee or percentage given to the person who's intellectual property I'll be teaching?

I've trained as certified coach and I'm planning on teaching and certifying people in the same coaching in a different language. The person who certified me and I are creating a royalty, license agreement and I'd like to know what is the usual profit % or fee that is standard or... Read more »

Will Blackton
Will Blackton answered on Mar 1, 2018

It depends!

What are you coaching?

From what language are you translating and to which language? That's an atypical piece of the puzzle.

What type of IP are you using?

How will you be reselling the IP?

The answers to those questions and more will...
Read more »

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