Get free answers to your Copyright legal questions from lawyers in your area.
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
answered on Jan 26, 2021
You need to consult an attorney so he can do a thorough search for you
answered on Dec 26, 2020
Depends on whether somebody else is using and in what context
Consult with an attorney
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.
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... View More 
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... View More
answered on Dec 8, 2020
yes.
You would need the photographer's permission and her permission in order to stay out of trouble.
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... View More
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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
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
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... View More
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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... View More
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.
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... View More
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... View More
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... View More
By mixing essential
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... View More
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... View More
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.... View More
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?
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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.... View More
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... View More
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.
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... View More
answered on Oct 3, 2020
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... View 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... View More
answered on Aug 17, 2020
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... View More
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