Get free answers to your Intellectual Property legal questions from lawyers in your area.
I am looking to write a musical and I would love to write a musical based on the cartoon Danny Phantom. I noticed that there is a trademark on Danny Phantom. So I was curious if I could use the name Danny Phantom and attach Musical to it, while also using the likeliness of characters in the... View More 
answered on Jul 26, 2020
The biggest thing that you have to worry about is probably copyright because you would be making a derivative work by making a musical. Viacom has the registration for the show, and when you adapt and derive content from one medium into another, you need a license from the respective owner(s).... View More
My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... View More
answered on Dec 30, 2019
In general trademark protection is territorial
if they are not selling the same products under the same brand in the same territories, both may be able to coexist
if they are selling in the USA, they can claim rights over the brand, even if it is not registered
consult with... View More
My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... View More
answered on Oct 7, 2019
You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck
Tim Akpinar
I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation... View More
answered on Nov 30, 2018
It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark... View More
I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that... View More
answered on Oct 5, 2018
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry... View More
I contacted the publisher and they are not willing to do anything. What are my options?
answered on Nov 13, 2017
Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.
If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it... View More
I am an artist wishing to sell posters with quotes from Marcus Aurelius' "Meditations". However, I would like to use the wording from a translation published in 2003. Is it legal for me to do this without compensating the publisher or translator?
answered on Feb 25, 2017
There are two issues here: (1) derivative work of something in the public domain, and (2) whether a short phrase or quote is even subject to copyright protection.
(1) If an original work enters the public domain, this does not cover derivative or subsequent works based on that original... View More
answered on Dec 15, 2010
Yes, you can, by going to uspto.gov. However, unless you are familiar with the regulations of the Trademark Office, your application may be rejected.
Paul Overhauser
317 891-1500
www.overhauser.com
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