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 
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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
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
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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
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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
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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
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!
answered on May 15, 2023
No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... View More
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!
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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
I make cups with bluey images on them. Are bluey images copyrighted?
answered on May 2, 2023
Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... View More
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answered on May 2, 2023
The use of "Apollo" as a brand name will depend on various factors, including the nature of your business and the goods or services you offer. It's possible that the term "Apollo" is already registered as a trademark by another company in your industry, in which case you... View More
I’m a YouTuber and I’m curious what is fair use and what isn’t.
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answered on Mar 29, 2023
It is possible to be hit with a copyright infringement claim for sharing copyrighted material in a group chat or showing it to people in person without permission. Fair use is a legal doctrine that allows for limited use of copyrighted material without the owner's permission for specific... View More
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answered on Mar 25, 2023
NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
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answered on Mar 29, 2023
The first step in filing for copyright protection for an ongoing activity or event is to determine if the work is eligible for copyright protection. Generally, original works of authorship that are fixed in a tangible medium of expression are eligible for copyright protection. Once it is determined... View More
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
answered on Mar 13, 2023
It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.
The title format "the new ... revue" could... View More
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answered on Mar 2, 2023
In terms of card layout, there are no patents that specifically cover trading card game layouts. However, there may be copyright protection for specific card designs or artwork.
In terms of battle mechanics, there have been various patents filed for trading card game mechanics over the... View More
answered on Feb 14, 2023
This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to... View More
answered on Oct 26, 2022
Your question did not contain the list. But even without seeing the list, I can warn you that some pending applications won't show up on a list. The default is that US applications are published 18 months after filing. So most applications filed within the last 18 months won't show... View More
There is a skincare and tech company that use the word MERAKI and I’m planning to use the same word for my clothing brand. Is that considered copyright. I have a different logo though
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answered on Jul 3, 2022
First, your issue falls under trademark rather than copyright. Second, why do you want to use a word associated with an existing company? You may be able to obtain a mark due to your logo, but it is not the best approach. You should strive to come-up with a unique name for your company and/or... View More
I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!
answered on May 2, 2022
You can begin to understand the basic components of a contract here:
https://www.contractstandards.com/public#contracts
Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and... View More
I am making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.
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answered on May 14, 2022
Your situation requires more facts and to determine what you can due without getting into serious legal problems, you must retain an experienced patent law attorney. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
Do I ned to sign anything if he’s the only one applying
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answered on Feb 20, 2022
Just read the form or the instructions for it and you will have your answer.
I am reviewing the IP section of an agreement from a freelancer for a copywriting project. This first passage (above) is the only part I'm not sure about. The entire section reads as follows: "Ownership of Deliverables. Subject to Freelancer and third-party rights in Pre‐Existing... View More
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answered on Feb 20, 2022
Never sign any contract of any significance without having it reviewed first by an attorney. The cost of an hour of attorney's time could save you from the cost of an expensive lawsuit because you did not understand the contract. In addition, by not having an attorney negotiate a contract on... View More
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