I want to start a small embroidery business and a common way to make designs is to buy them off of sellers on etsy. Would I be able to sell products with their designs?
answered on May 8, 2020
As Mr. Boyer says, you would need a license to use the design, because whatever you produce based on the pattern would be a derivative work. Check the Terms of Use on the website where the design was posted. Most likely it gives you a limited license to make products for your own use, but not for... View More 
I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this... View More
answered on Apr 27, 2020
Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.
I strongly suggest moving on.
Marcos E. Garciaacosta
www.legalbizglobal.com
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answered on Feb 16, 2020
SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.
Robyn T. Williams... View More
Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... View More
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answered on Feb 13, 2020
You can see if the original creator is willing to grant a license to use the works. Particularly since you've already been given notice.
I need to know if I have legal right to prevent anyone from using my trade name? I sold my business but never sold the trade name for the business what are my rights for my trade name?
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answered on Feb 4, 2020
Usually, in the sale of a business, the sale agreement includes the goodwill of the business and its name. Your rights in the name will depend on what the agreement says as to ownership of the name. If, in fact, you did not sell the name, then your rights are dependent on how you are currently... View More
One of the method that is teached is a Unquie method of remarketing. There is a paid program out there that teaches a simailr version of this as well, as well as information online about it. I have used some of this work as inspiration, and created a similar strategy in my own words, but the end... View More
answered on Jan 24, 2020
It seems your teaching/coaching methodology may be protected by copyright and/or patent protection. Copyright law protects original works of authorship; caveat is it need to be in a tangible form like videos or books. There is not enough information here to say yes or no. If the paid program that... View More
answered on Dec 18, 2019
No that would be copyright infringement. You’ll need the artists permission first — make sure you get it in writing as well.
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answered on Nov 27, 2019
If the owner is willing to sell the Trademark, you can do so, but to insure everything is done correctly, then you must retain an experienced IP attorney.
They are letting the other person claim it as their own and refusing to pay for it
answered on Feb 8, 2019
Sounds like you've got a collections matter on your hands, with claims for breach of contract, and also copyright infringement. In most cases, a legal demand letter does the trick. If it doesn't you either have to let it go, or file a lawsuit (either in small claims or civil court). I... View More
I created a piece of artwork for an employer a while back. It's an illustration of the lyrics to "Stairway to Heaven". I realize it's probably copywritten and extremely protected. I have an image of the artwork online and get requests to buy it often. I'd like to make... View More
answered on May 12, 2018
You are talking about a derivative work. There is a chance, but it is a tricky area. Here is a helpful resource: https://www.copyright.gov/circs/circ14.pdf
I was watching the episode about my favorite group and was completely surprised when they flashed a picture I took at the Beacon Theater NYC in 1974. I emailed AXS CEO and was told it was licensed through the production company they use. Do they owe me anything? I've never signed any releases.
answered on Apr 24, 2018
If you can prove that the picture they used is actually yours, and that you never granted any license, then you may have rights. However, issues to consider are what terms you agreed to (hidden in the fine print) when you purchased your ticket -- often times, a venue will try to establish... View More
I am currently trying to start a non-profit and wanted to use the term as the slogan for my non-profit.
answered on Apr 19, 2018
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
An attorney is seeking damages for their client regarding a copyright infringement related to a specific photo on a website that I own and I own the domain name as well. I charge my client a fee to use my website with their business name on it. Is my client liable even though they do not own the... View More
answered on Nov 20, 2017
Most likely you are both liable. Although, you may also have a claim against your client to reimburse you for your liability to owner of the photograph. An intellectual property attorney would need to review all the facts to know for sure.
Someone recorded me and posted a video of me naked online without my consent. I was under 18 in the video and I contacted the website numerous times to get it taken down and no one has done anything. What Can I do to get it taken down?
answered on Oct 9, 2017
More information is needed to answer your question, when you say no one has done anything, who is no one (police, school parents etc) , where is it posted, what if any body parts were showing, these are all questions which are important to understand why nothing happened. Lastly sometimes if the... View More
answered on Oct 2, 2017
Anyone can sue you, the question is can they win. In this case many pieces of information would need to be determined to tell if you would win or lose, including but not limited to when you started to use the name, when they started, date of trademark, was the name used continuously etc, etc. Get... View More
I want to re-sell unofficial BTS clothing. BTS (Bangtan Seonyeondan) is a Korean Boy band. They are owned by the Korean record label Big Hit Entertainment, the copyright holding company. Big Hit succesfully copyrighted "BTS" in the US in April. I'm not worried about trademark... View More
answered on Jul 20, 2017
If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would... View More
town put it and took off without permission
I am in 50 50 LLC partnership with one more partner. We offer wedding videography and photography services. I record and edit videos and he records and edits photos. Videos can not be directly uploaded to the Facebook business page. It can be done via Administrators of the page. We both(our... View More
answered on Jun 6, 2017
Violation of copyright law does not happen in a vacuum. If you're concerned that you'll violated copyright law by uploading video taken by your business partner, the simple fix is to ask your business partner for (written) permission to do this. Someone has to enforce their interest in... View More
I have a concept for a track and field league that I'm putting together with a unique format. Before I put it fully together I wanted to know if I could protect the idea so it can't be copied by others. It's a different system then a normal track meet .The events will be the same but... View More
answered on May 16, 2017
I will not speak to patent protection, as that's outside of my practice area. Copyright law will protect the expression of your ideas or rules, that is, the creative organization of words used to write the rules, but not the underlying ideas or rules themselves. Trademark law will protect... View More
On this silicone bracelet I want to put the cancer awareness ribbon? Is that copy right infringement?
answered on Mar 14, 2017
Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.
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