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 »
It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright...Read more »
Person A sells a digital product with a book to Person B that's copyright protected from a company that Person A isn't affiliated with. The payment is done through an online money sending service. Person B then tries to blackmail Person B by saying the product is outdated (when the... Read more »
It would be best if a copyright attorney answered your question, but you await a response for two weeks. In the age of traditional paper textbooks, this issue never really came up - students freely sold their used textbooks all the time without a second thought. But digital teaching materials...Read more »
Maybe you could consider reposting, additionally adding the categories of Intellectual Property and Trademark to your question. There's no guarantee that all posts are picked up, but your question remains open for a week, and it's possible a trademark/IP attorney could identify issues...Read more »
It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising... Read more »
Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or...Read more »
Getty Images has an embed feature where one can embed a photo into their website for free. If I make a private Google Site, embed a photo, and then screenshot that photo (from the Google Site), is it OK to include it in a non-commercial post on Instagram, or do I have to obtain a license for the... Read more »
My permission is given without any representations or warranties as to other consents and permissions that may be required to use the Recording. BOLD agrees to indemnify, defend, and hold me and any affiliated companies, heirs, executors, administrators, and successors harmless from and against... Read more »
It means the owner (or agent of the owner) of the Recording is granting permission to use the recording, but isn't making any statements other than that there is permission from the owner. BOLD won't get sued by the owner of the Recording for using the Recording (in whatever way the...Read more »
i make gifs for a tv show that i like and i ask people not to repost them since it takes a lot of effort to make and edit. i understand that doesn't compare to the effort it takes to create the show and that i have no claim to the show. from my understanding, gifs are considered fair use, but... Read more »
First, don't be STUPID, just because you ask someone to not repost or resend your GIF does not put them under any obligation to comply. I don't know where you got your "understanding" about fair use, but what you say does not come within my understanding of "fair use"...Read more »
I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?
Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.
Additionally, since you sell online through credit cards, access to shopping...Read more »
I'm doing virtual tours of New York. 10 people pay me 10 usd and we connect to zoom for an hour where I show 360 pictures and talk about the city. Through zoom I share my chrome browser and show the https://www.airpano.com website, that has lots of 360 pictures. I am not downloading anything... Read more »
The exclusive rights granted to copyright holders include the right to reproduce, distribute, display or perform the protected work, or to make derivative works. Displaying images without permission may be deemed copyright infringement. It is important to obtain permission prior to use to avoid...Read more »
Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... Read more »
Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.
I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »
There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration...Read more »
I am a programmer and I am creating an application involving streaming movies using a revolutionary technology. I am looking for a lawyer with copyright knowledge. The video files are provided as torrents and are not kept on the server. My questions are: Is it legal to stream the movies... Read more »
Streaming the movies without a license to do so violates copyright. Think about Napster and all the MPAA litigation that was going on against ordinary individuals who were downloading content. The damages calculation could get very costly as well so I would caution against it.
This is not a law firm (you ask about firm attorneys). It's only a Question and Answer board. If you need a copyright infringement attorney, you could look in the Copyright section here, or other Intellectual Property categories (you list Intellectual Property as a heading) if applicable, or...Read more »
I would highly recommend getting an attorney. You do not have a right to have an attorney appointed in a copyright infringement case, which I'm assuming is why "the judge denied [you] one". An infringement case can be costly in legal fees, but it can also be costly in damages. I...Read more »
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