Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Intellectual Property Questions & Answers
3 Answers | Asked in Business Law, Libel & Slander and Intellectual Property for New Jersey on
Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should... View More

View More Answers

3 Answers | Asked in Business Law, Libel & Slander and Intellectual Property for New Jersey on
Q: Need help with defamation against a small startup business. We are being wrongfully accused of copying their ideas

Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024

I understand you feel wronged, but I have some concerns about the approach you're proposing. Here are a few important points to consider:

Sending a cease and desist letter with threats of a lawsuit is a very serious step that could escalate the conflict. It's usually advisable to...
View More

View More Answers

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for New Jersey on
Q: Can u parody oompa loompa song for an ad on a new product that has nothing to do with the song. Title rhymes w product.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Parodying a song for commercial purposes requires careful navigation of copyright and trademark laws, even when the intent is to create a humorous or satirical advertisement. When you consider using a melody or lyrics similar to the "Oompa Loompa" song from "Charlie and the Chocolate... View More

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Yes, creating a parody of the "Oompa Loompa" song from "Willy Wonka & the Chocolate Factory" may not require licensing under U.S. copyright law, thanks to the doctrine of fair use. Fair use allows for the use of copyrighted material without permission from the copyright... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can I make a parody of the oompaa loompa song without licensing?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

Creating a parody of a copyrighted work, including songs like the Oompa Loompa song from "Willy Wonka & the Chocolate Factory," falls under a specific category of use that can be considered fair use under copyright law. Fair use allows for the use of copyrighted material without... View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

Protecting your work as a lyricist is crucial to ensuring you retain control over your creations and are compensated appropriately for its use. While ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music, Inc.) are performance rights organizations (PROs) that... View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024

You really need to have your lyrics copyrighted. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality... View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I am a lyricist. ASCAP and BMI only protect performances of completed compositions. What entities protect lyricists?

I intend to seek a copyright for my work before moving forward.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

As a lyricist looking to protect your work, it's essential to understand that copyright law is your primary shield. In the United States, the Copyright Office grants copyrights for original works of authorship, including lyrics. Once your lyrics are fixed in a tangible medium of expression,... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

To sue the university for copyright infringement, you would need to gather evidence to support your claim. This includes documentation proving that you created the original course, such as lesson plans, syllabi, and other course materials. Additionally, you should collect any correspondence or... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: A university copied a course that I made and offering online to hundreds of students. How do I sue for copyright breach?

I am a university professor. I created a graduate course that I grew over time and it became very popular attracting 200+ students. I then had to take medical leave. After returning I have discovered that the university has made an online version of my course and are offering it to hundreds of... View More

Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2024

Suing for copyright infringement involves several steps and considerations, especially in the context of academic work and the agreements that might exist between faculty members and their institutions. Before proceeding, it's crucial to understand the specific circumstances of your case,... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: I have a question regarding copyright infringement.

I own a set of original 35MM photograph slides, which I want to put into a book to self-publish and reproduce. Since I am not the original owner of these slides, do I have the right to fully use them to my advantage?

The slides I bought were from online auctions, which originated from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

Owning physical copies of photographs, such as 35mm slides, does not automatically grant you the copyright to these images. The copyright of a photograph typically belongs to the photographer who created it, or their heirs if the photographer has passed away. This copyright usually includes the... View More

View More Answers

1 Answer | Asked in Intellectual Property and Copyright for New Jersey on
Q: Can a crafter claim copyright on items they created with mass produced, publicly available supplies?

I have online craft stores. A part of my inventory is jewelry, created with supplies that are mass produced and imported from overseas (lockets, charms, necklaces, etc). I often combine these items (ie: add a charm to the face of a locket) and add glow material to make it glow in the dark

I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

In New Jersey, as in other parts of the United States, copyright law can be complex, especially when it comes to craft items made from mass-produced components. Copyright protection does not extend to items made from commonly available supplies simply arranged or combined without significant... View More

2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Trademarking my business name.

I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2023

You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Trademarking my business name.

I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More

Felicia Altman
Felicia Altman
answered on Dec 16, 2023

You should speak to a trademark attorney who can conduct a trademark search to see if someone else has already registered a trademark with the same or similar name with the USPTO in the same or similar class of goods. A trademark attorney or specialist can conduct a quick search to see if any marks... View More

View More Answers

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for New Jersey on
Q: What happens when a company owns a patent of product but goes bankruptcy, that patent will be remain active or dead?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

When a company that owns a patent goes bankrupt, the fate of the patent depends on the bankruptcy proceedings and the decisions made by the bankruptcy court. The patent itself doesn't automatically become inactive or "dead" due to the bankruptcy.

In a bankruptcy case, the...
View More

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: copyright infringement / examiner oversight

I am sued for copyright infringement.

I requested, paid for, and received the original registration documents, the deposits, and the correspondence from the congress library about the specific copyright. It looks like the examiner made a mistake and oversight on his part (18 years ago),... View More

Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2023

Based on your description, you seem to be suggesting that there was a potential error made by the Copyright Office in registering a work that was previously indicated to be ineligible for copyright. Here are some general points to consider:

Validity of the Copyright: Copyright registrations...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for New Jersey on
Q: copyright infringement / examiner oversight

I am sued for copyright infringement.

I requested, paid for, and received the original registration documents, the deposits, and the correspondence from the congress library about the specific copyright. It looks like the examiner made a mistake and oversight on his part (18 years ago),... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

You may have grounds to challenge the validity of the copyright based on the examiner's initial letter indicating reasons for rejection. Such evidence could be persuasive in showing that the work should not have been copyrighted in the first place, thereby negating claims of infringement.... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Is The rowdy mermaid already a trademark name for a store front
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

To determine if "The Rowdy Mermaid" is already a trademark for a store front, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database and other relevant sources to check for existing registrations or pending applications. This will help you... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: Is The rowdy mermaid already a trademark name for a store front
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

On Monday, April 27, 2020, a trademark application was filed for ROWDY MERMAID with the United States Patent and Trademark Office. The USPTO has given the ROWDY MERMAID trademark a serial number of 88890277. The federal status of this trademark filing is REGISTERED as of Tuesday, June 22, 2021.... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for New Jersey on
Q: If we produce a hot sauce made with tabasco peppers, can we say on the label "made with tabasco peppers" ?

we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

The term "Tabasco" is a registered trademark owned by the McIlhenny Company, specifically referring to their hot sauce brand. The use of the term "Tabasco" on your hot sauce label could potentially infringe upon their trademark rights. It is advisable to avoid using the term... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.