Get free answers to your Intellectual Property legal questions from lawyers in your area.
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 
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
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
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
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
I’m a YouTuber and I’m curious what is fair use and what isn’t.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 making the story unique and bringing my own twist on Christmas and a dark tale of horror with my own unique characters and ideas.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Do I ned to sign anything if he’s the only one applying
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... View More
answered on Aug 18, 2021
They do not want to be in the position of deciding who is the rightful owner of the intellectual property
Consult with an attorney.
Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... View More
answered on Aug 18, 2021
Yes they can
They do not want to be in the position of deciding who is the rightful owner of the intellectual property
famous people are being used as characters, using their real names, and they have dialogue, relationships, etc. in this book, i.e. a very famous baseball player and a very famous reporter.
answered on May 8, 2020
You need to proceed cautiously, especially if the people you write about are alive. Famous people have the Right of Publicity, meaning the right to exploit their own fame. Definitely work with an attorney before you publish your book.
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
2 companies, same NJ town, similar names (names changed for privacy).
Company #1 - XYZ Electric. They hold both Electricians & Home Improvement Contractors license under the name XYZ Electric. They don't have a registered DBA. Co #1 was in business before co #2.
Company #2... View More
answered on Feb 21, 2020
If company 2 trademark is not registered with state or USPTO then you’re likely out of luck because the marks practically need to be identical. If it is registered then it obviously bodes well for co2. With that being said, there are a lot of grey areas in the law and speaking with an attorney... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
