I found a supplier for my product who is based in China, they have the mold of this product, but it is branded with the name of an Australian company who previously bought from this supplier. The Australian company has a copyright registered in Australia. Could I sell this product with their name... Read more »
Maybe. Trademark rights are based on use, and if no one is using the mark in the US (either the Australian company or anyone else), then you might be able to sell the product or even acquire trademark rights to the name or logo. I suggest you read Person's v. Christman, 900 F.2d 1565 (Fed. Cir....Read more »
Hi, I'm curious if I re-purpose damaged comic books, manga books and books in general into household use items and sell them if it is intellectual property and/or copyright infringement? Would this be considered fair use of the original item or transformative use of the items since I am taking only... Read more »
It sounds like you have done some homework on this issue, which is great! It could be a transformative use. However, it really depends on how much you change the original copyrighted work into a new work. As for your second question about marketing your products, that is a separate issue that gets...Read more »
I received a certified letter regarding a silicone pipe that I currently sell on many platforms including my own website. The company stated that they have a patent pending on it and that I have to: immediately stop marketing the product, remove the product from all selling platforms and send them... Read more »
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 usual.
Fair is in the eye of the beholder. A lyricist who composes a song with someone else gets 50% of the royalty for the song, not the recording of the song. The royalty is split between the song writers and the publisher. If there is no publisher, then the song writers get the entire royalty. Now...Read more »
Looking for examples of regulatory violations, recalls, class action, civil, or other cases related to software in vehicles. This could also include intellectual property cases associated with open source software. I'm keen to discover how much influence open source software has had, so far, given... Read more »
Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with...Read more »
This is a difficult question to answer without studying the two games in detail because there are several aspects of a game that can be copyrighted. But, I can try to give a few pointers. Illustrations and the bone shaped pieces are protected by copyright. Basic game of chance concepts with dice...Read more »
Copyright in images typically does not apply to parodies, and it is unlikely you can libel a famous person (a "public figure") with a political humor under the First Amendment and New York Times v. Sullivan unless your statement is presented as a fact and you have "actual malice" — knowledge the...Read more »
I've heard of people having their jewelry on etsy removed due to having a semicolon in their design. It does refer to the project semicolon organization but is just the actual punctuation mark, not their logo or anything like that. Is it still not allowed?
I see no basis for an IP assertion of rights re: simply a semicolon. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...Read more »
I was on the founding team of a startup and brought some code in that I developed before joining the startup. I made some customization's to the code while on the founding team but signed a contract which states we all sign over all project related IP
it would be illegal if the owner of that domain uses it in connection with products/services similar to those in connection with which you registered your trademark; selling a domain with that name is not illegal per se
I started working on a website 3 weeks ago. Today I found an article online about one that has the same functionality and came out about a month ago. Am i within my rights to publish the website still?
it is not a copyright infringement as long as you use your own original language/text to describe the functionality; it may, however, constitute a patent infringement if the functionality is patented by the owner of that website
It would involve conducting a trademark clearance search to make sure your trademark is available for registration. Then you would need to prepare and file a trademark application at the United States Patent and Trademark Office. I would recommend contacting an intellectual property attorney who...Read more »
You can federally register a trademark for your stage name in connection with services and/or products that you provide/offer. You can contact me for a free consultation with regard to trademarking your stage name.
You can apply on-line, but I would recommend conducting a trademark search/risk assessment by looking for identical marks on USPTO or trademark.com sites, I would search for both federal and state registered marks, and also I would look for those marks that could potentially create a likelihood of...Read more »
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