Lawyers, Answer Questions  & Get Points Log In
New York Copyright Questions & Answers
2 Answers | Asked in Contracts and Copyright for New York on
Q: I own a company in this same exact spelling and everything. Any advice ?

My company in the same name and same tax class, created prior to the date of this trademark filing. What do I do ?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 7, 2021

Consult an attorney

Depending on the facts of your case, you may have some established rights.

View More Answers

1 Answer | Asked in Copyright for New York on
Q: Hello there. I’m opening a restaurant and was gonna use the DBA name as Pan Am. I know the airline is trade marked.

Will I get in trouble using the name as a restaurant?

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Jan 29, 2021

I general terms when two business of different industries have the same name this is not a problem if they as so different that consumers will not misleaded. That said, in the world of trademarks the airline could do two things if it discover that another business is using its name. It could send a... Read more »

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I register this brand for clothing .?

I want to register this brand for clothing and accessories and I would like to know if it's possible and what is the cost

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 26, 2021

You need to consult an attorney so he can do a thorough search for you

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can I use the word capricorn on a hoodie and not get sued?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 26, 2020

Depends on whether somebody else is using and in what context

Consult with an attorney

View More Answers

2 Answers | Asked in Copyright for New York on
Q: How much would it cost to buy the Brown Hornet trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 20, 2020

You do not buy a trademark unless you are buying from somebody who is the owner.

IF it is not owned by somebody you need to file for registration.

Consult with an attorney for your options and risks.

View More Answers

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New York on
Q: An established comedian made a web series with a name I've been using to DJ for years. Do I need to change it?

I've been operating as a DJ under a certain name since 2016. I'm small-time, but have been paid to perform and have social media profiles registered under my performance name that have been in use since 2016, although I have never registered a trademark or anything.

Today, I found... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

Depends on how long you have been using it and if they started using it before you or after.

You may have common law rights.

You should contact an attorney to understand your rights better.

At best you could continue using the name unless they contact you in which case you...
Read more »

2 Answers | Asked in Copyright for New York on
Q: I need to get copyright permission for a t-shirt made with janis joplin's photo?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2020

yes.

You would need the photographer's permission and her permission in order to stay out of trouble.

View More Answers

4 Answers | Asked in Trademark, Copyright, Business Formation and Intellectual Property for New York on
Q: Broke dad trying to help broke college daughter file for a trademark

My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Dec 4, 2020

I have a video on this that many thousands have enjoyed. See you at the top! Attorney Steve®

https://youtu.be/8gSE59gC94c

View More Answers

1 Answer | Asked in Copyright for New York on
Q: Pertaining to The Brown Hornet logo, can it be freely used now without copyright infringement?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 1, 2020

Not familiar with it, but unless it is abandoned, and nobody is using it and claiming ownership most likely you can not

2 Answers | Asked in Copyright for New York on
Q: accused of copyright theft

My mother makes animal carvings and sells them she looks at many things before making her own but does not follow any one thing when she makes her product. She made some animal carvings that have the same postures as the drawings in the book so they look the same but the drawings are much more... Read more »

Steve Charles Vondran
Steve Charles Vondran answered on Nov 29, 2020

Generally speaking (this is not legal advice) a Plaintiff alleging copyright infringement must show "access" to copyrighted work and "substantial similarity." Independent creation can be a defense to infringement. It sounds like you might want to have a copyright lawyer take a... Read more »

View More Answers

1 Answer | Asked in Copyright for New York on
Q: Do I need a special permission if I want to use the Netflix logo in a publicly posted blog that is referencing Netflix?

The post is a strategic analysis of Netflix and it contains a picture of Netflix's logo on the title page, referencing Netflix. The logo is obtained from the internet.

John Kiritsis
John Kiritsis answered on Nov 28, 2020

Hi,

There are two main issues at play here:

1. Even if the law is on your side, it often times may not be economically beneficial to mess around with intellectual property of a behemoth company like the one mentioned.

2. The underlying question, would very likely hinge on...
Read more »

1 Answer | Asked in Copyright for New York on
Q: Can I use works of art in a curriculum I am creating that are under the Fair Use Act, not public domain?

This be will available in digital and print form. It will cover all art movements and will include featured artists and certain works of art as reference for the movement and lessons. People will not know what artists are included in the packs when they buy them, just the movement and general... Read more »

John Kiritsis
John Kiritsis answered on Nov 28, 2020

Hi,

Maybe I am reading this wrong or you are mixing up different terms, but how can you have artists that are featured, and yet people will not know them when they buy the packs? Would they know after unpacking them? How would the featured artists be featured? These are just some of the...
Read more »

3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
Read more »

View More Answers

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New York on
Q: copyright laws for digital magazine

i’m looking to create my own digital magazine. Some of the pages would consist of work from other people and they would be credited of course but i’m just thinking ahead to when I’m ready to monitize the magazine. Currently I would not be paying other people to contribute nor would I charge... Read more »

Allison Higgins
Allison Higgins answered on Nov 23, 2020

Just because you credit an author does not mean you can use their work, even if you are not selling the magazine. This could very easily get you in trouble for copyright ingrinment and get a DMCA notice. You would need to get permission from each author to post their work in your magazine.... Read more »

1 Answer | Asked in Copyright for New York on
Q: Hi! I'm starting a business and have been working on a logo. I found art that I would like to reference for it.

I have contacted the artist and would like to buy ownership of the artwork so that I can alter the image to my liking, patent it, and not have legal issues. How would I go about doing that? Would I even need to contact the artist and buy the design?

Allison Higgins
Allison Higgins answered on Nov 12, 2020

It seems like you are wanting a licensing agreement that allows you to create a derivative work. Also, you would be looking to copyright and/or trademark the final logo, not patent it.

I would definitely recommend contacting an IP lawyer to help draft a licensing agreement as well as help...
Read more »

2 Answers | Asked in Copyright for New York on
Q: Can usage of the same illustrator for a book of a similar topic be considered a copyright infringement?

Dear Sir or Madam,

I'm an author of a children's book that was illustrated as "work for hire" by a freelancer. I got contacted by an author of another book who complains that I would be infringing her copyrights because my book has the same illustration style. The story... Read more »

Kathryn Perales
Kathryn Perales answered on Nov 3, 2020

The way you describe it, it sounds like there is no infringement and you have nothing to worry about. Understand, however, two things: there are 2 sides to every story, and this person has the power to sue you and cause you to run up all kinds of expenses and costs, even if they don't... Read more »

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Can dapper be registered as a trademark since there currently late code 602 I think. Mine would be Dapper with no period
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The suggestion is that a TM of "dapper" has expired. the expiration may be an oversight, the mark may still be in use and your use may infringe. Also, is the use of "dapper" with the same or similar goods or services as you propose to use? See an attorney having Trademark Law experience.

View More Answers

3 Answers | Asked in Copyright, Estate Planning, Intellectual Property and Probate for New York on
Q: If I wanted to publish my dead grandpa's written songs (he had no will), could his children sue me for the rights?

He died 20 years ago, he had no will. He had 3 daughters, including my mother, who are all still alive.

He was a singer/songwriter. Many of his songs were either typed on a typewriter or written in notebooks (only I have access to).

I want to publish his work, but I am afraid that... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

His songs were copyright property and, like everything else he had, passes to others by a will or, if no will, by state laws. Someone owns the property including the copyright songs. A granddaughter might have rights however, with a mother(wife?) and children, it is not likely.

Your use...
Read more »

View More Answers

2 Answers | Asked in Copyright for New York on
Q: Can you use celebrities as models for photoshopped works?

One of my hobbies is photo editing, and sometimes my ideas involve people. My question is, could I edit/photoshop images of a celebrity I like and post them, or would I need direct permission from them? It would be posted on a social media site, like Instagram, and wouldn’t be sold commercially.... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 6, 2020

You need to consider copyright issues considering the authorship of the original photo, that the more transformative a work is the less likely it is infringement under copyright, and that the models may have a cause if action under right of publicity if you don't have permission to use their... Read more »

View More Answers

2 Answers | Asked in Copyright and Trademark for New York on
Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?

My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in... Read 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.