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New York Copyright Questions & Answers
2 Answers | Asked in Contracts and Copyright for New York on
Q: How can I prove my ownership of a story when I do not have documented legal proof but I have other evidence to Prove it

I have a story, but I do not have any documented proof of ownership. If this story is stolen, can I prove my ownership with other evidence, and what are the evidence?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 12, 2022

If you have drafts of the story which precede the drafts in the possession of whoever you are alleging claimed authorship. And you can lay a foundation for the authenticity of this evidence regarding the date it was created, then yes, possibly. Copyright in a work vests from the moment the work was... View More

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2 Answers | Asked in Contracts and Copyright for New York on
Q: How can I prove my ownership of a story when I do not have documented legal proof but I have other evidence to Prove it

I have a story, but I do not have any documented proof of ownership. If this story is stolen, can I prove my ownership with other evidence, and what are the evidence?

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2022

There is certainly more information needed in this case. The plaintiff has the burden of proof in a copyright action so you should be able to produce any type of evidence that you drafted that story. First, if you drafted the story and the initial draft was stolen you may want to consider filing a... View More

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1 Answer | Asked in Business Formation, Business Law and Copyright for New York on
Q: If I sell bootleg ebooks on platforms like Etsy and Amazon that I have no legal rights of doing so,will I be facing any

If I sell bootleg ebooks on platforms like Etsy and Amazon that I have no legal rights of doing so,will I be facing any criminal charges from the government?

State NY

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 29, 2022

You will likely be subject to a copyright infringement and/or counterfeit account ban and because you seem to have no licensing documents from the rights owners. Because you are apparently doing this knowingly, you will likely be permanently banned from these platforms without much of a chance of a... View More

2 Answers | Asked in Copyright and Trademark for New York on
Q: As a life coach I'd like to include a link to a published song I'd send my client post-session for inspiration.

Am I infringing on copyright permission/issues?

Gregory J. Tarone
Gregory J. Tarone
answered on Nov 9, 2022

This question is for a trademark and copyright lawyer, as they are specially qualified and licensed to opine on it. However, generally speaking from my experience, if the use is not for profit or to promote you or your business, but rather, educational as a reference for your student, it does not... View More

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3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Benjamin Charles Korray
Benjamin Charles Korray
answered on Nov 4, 2022

If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... View More

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3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Erik Špila
Erik Špila
answered on Nov 4, 2022

I would like to also add that if its design registered in other countries than it can also be trackable through design registry. EUIPO for instance has registry of Community design valid in EU where contact information of design owners can be found.

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1 Answer | Asked in Copyright for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

James L. Arrasmith
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answered on Mar 26, 2024

When incorporating the names of famous people or trademarks, such as board games, into your word search books intended for the American market, it is crucial to consider intellectual property laws. The use of famous names can be complex due to copyright, trademark, and rights of publicity.... View More

1 Answer | Asked in Copyright for New York on
Q: Can I trade mark Diddle Hatt

I want to trademark this word phrase

John Michael Frick
John Michael Frick
answered on Sep 23, 2023

Assuming no one else already has, it is possible to trademark such a phrase in connection with your products or services. I assume this will be used in connection with some particular headwear brand.

1 Answer | Asked in Copyright for New York on
Q: Etsy asks me to contact a lawyer for being unable to process a counter notice

I am a seller on etsy. I filed a counter notice for an incorrect report

from a competitor on one of my listings that had received a DMCA from them.

The next day etsy sends me an email telling that they won´t process my counter notice.

They told me that I would need to... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 6, 2023

Have an IP lawyer look into the case to evaluate your options.

1 Answer | Asked in Copyright, Business Formation and Business Law for New York on
Q: What process would I have to go through to get permission to use Miller logo on some of my clothing brand designs?
Eugene Vamos
Eugene Vamos
answered on Jun 21, 2023

Most prudent way is to contact Miller's licensing department and obtain an license for the use of their logo.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I am designing a Champagne flights menu with “The Concorde” and “The Dreamliner.” Is this copyright infringement?
Tim Akpinar
Tim Akpinar
answered on May 16, 2023

Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More

1 Answer | Asked in Copyright for New York on
Q: TRO expired on January 12th. The Court required me to explain irreparable harm if I have a motion for a PIO.

1. All documents were still Under Seal on January 3rd. Then The Court required me to disclose. I disclosed all documents on January 6th, 2023. ( See the attached file.)

2. The defendant made defamation statements against me when he has not seen any document on January 3rd, 2023. This is... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

Any attorney would need more information to figure out what is going on and advise you how to proceed.

1 Answer | Asked in Copyright and Trademark for New York on
Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... View More

Erik Špila
Erik Špila
answered on Sep 8, 2022

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need...
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1 Answer | Asked in Copyright for New York on
Q: I am creating a tv show blog, may I upload trailers of the show and take pictures of it and post them on my blog?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 29, 2022

As long as you are uploading materials that are entirely yours, this means, that all pictures, sounds, and recordings are your creation, then, you should be fine. However, if any of those materials are protected by copyright and owned by someone else, it could be copyright infringement.

1 Answer | Asked in Copyright for New York on
Q: I want to write a book using the show "Brain Games." Do I need the show's permission, even if the show is on YouTube?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Aug 29, 2022

It is unclear what you mean "using" the show. If you are doing a critique about the show or commenting about it, this could be considered fair use, and you would be free to write the book without doing much legal diligence. On the other hand, fair use requires more information and... View More

2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Samuil Buschkin
Samuil Buschkin
answered on Aug 1, 2022

A d/b/a (doing business as) is simply an alternative trade name for a business. Different states have registration requirements for DBA's. A trademark protection or copyright protection are an entirely different issue. There is a process underlying the registration of a trademark or a... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 21, 2022

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... View More

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Hello Lawyers. I have a question. Can someone copyright something if it looks like it a little?

Hello. I had some custom skins for planes made for my flight simulator. Half of the plane is black with a red outline at the end. Turns out a "company" that runs a virtual airline that has a copyright on their paint design in the flight simulator has kind of the same design, half of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 18, 2022

The takedown was probably an assertion of trademark infringement, not copyright. (A tutorial on the difference is something you could get in a free consultation with an IP lawyer.)

If a prior user (owner) of a trademark (which could be a design of/on the goods) finds a confusingly similar...
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1 Answer | Asked in Copyright for New York on
Q: Hi, I received a email saying that one of the images I used on my blog was copyrighted and I have to pay 1400

Hi, I received a email saying that one of the images I used on my blog was copyrighted and I have to pay 1400 to avoid legal action. But the email seems suspicious Am i obligated to pay? What legal action would I face if I ignored it ?

Here’s the email:

Please understand that as a... View More

Steve Charles Vondran
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Steve Charles Vondran pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2022

These letters can be legit despite them sometimes looking like spam or a scam. You should have a photo infringement law firm look the letter over. Before we ever advise our clients to pay we like to look at the whole situation such as (1) who is sending the letter (2) do they have the legal... View More

1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 4, 2022

I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... View More

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