Get free answers to your Intellectual Property legal questions from lawyers in your area.
My mom wants to rebrand her astrology business, based in New Jersey, to "Written in the Stars." She is in the process of checking whether the name is trademarked or used by another business. Her services include reading birth charts and teaching astrology. She's not planning to apply... View More 
answered on Mar 25, 2025
Hello,
As a general matter, there is nothing that would inherently prohibit the use of the mark. In fact, at first glance, it seems to be a suggestive mark which is a good indicator that it is distinctive and therefore eligible for trademark protection. and as it consists of a short... View More
My mom wants to rebrand her astrology business, based in New Jersey, to "Written in the Stars." She is in the process of checking whether the name is trademarked or used by another business. Her services include reading birth charts and teaching astrology. She's not planning to apply... View More
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answered on Mar 26, 2025
I seriously doubt that "Written in the Stars." can be copyrighted. Copyright law is designed to protect original works of authorship that are fixed in a tangible medium (like a novel, song lyrics, or artwork). However, short phrases, slogans, titles, and other brief expressions generally... View More
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
answered on Mar 7, 2025
Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal... View More
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
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answered on Mar 7, 2025
Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.
I have an idea for a novelty in dentistry, researched it, and built a proposal, but I am afraid to present it to anyone because I could lose the rights of my idea. What do you think I should do? Thank you.
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answered on Oct 22, 2024
You can file a patent application, or a provisional patent application, to start the process of protecting your idea with a patent. Some ideas might be possible to protect as a trade secret, for example if you knew of a particular way to do a dental operation then you might teach people how to do... View More
For instance I buy a designer brand from china and I sell it not as authentic but also a rep with also a cheaper price than the authentic version. Is that legal?
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answered on Aug 9, 2024
NO! Unless you want to have more legal problems than you can possibly imagine. The owners of the intellectual property will eventually file a lawsuit against you. It is just a matter of time but it is a virtual certainty. Pick the best attorney you can find and remember one rule: a good attorney... View More
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.
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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
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.
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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
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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
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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
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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
I intend to seek a copyright for my work before moving forward.
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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
I intend to seek a copyright for my work before moving forward.
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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
I intend to seek a copyright for my work before moving forward.
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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
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
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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
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
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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
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
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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
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
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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
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
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
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
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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
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