Get free answers to your Copyright legal questions from lawyers in your area.
I'm planning on launching a new product line and have a design for a bottle I'd like to put in production but would first like to know if the design already has a patent with the US gov't.
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answered on Aug 18, 2017
The Library of Congress. This is something that we offer under a limited low-cost retainer because the legal service is "unteathered"
Please feel free to contact my office if you would like a free consultation.
Aubrey C. Galloway III Esq
Law Office of Aubrey C.... View More 
The First Sale Doctrine
The unauthorized use of another’s trademark is also permitted under the “first sale” doctrine. Under this doctrine a business that resells genuine, non-adulterated goods bearing a true mark cannot be held liable for trademark infringement, even if the... View More
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answered on Aug 9, 2017
Not unless you get permission. That's potentially trade dress infringement.
WMAP RADIO - Trademark Details
Status: 641 - Non-Final Action - Mailed
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answered on Jul 31, 2017
It means your application was defective / rejected for some reason that they will inform you of via mail. You can correct the defects or whatever other issues they had and work with the examining attorney to hopefully get a mark published to the register. I'd be happy to assist if you like... View More
I'm a teacher, looking to sell a product I created on Teachers Pay Teachers. I want to make sure it is legal to sell a product based on a published curriculum. How much of the curriculum can I use? Does referencing the curriculum protect me?
answered on Jul 26, 2017
If you're using copyrighted work, you may need a license to use substantial parts of it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More
answered on Jul 26, 2017
Check the Terms of Use of the software or service you're using. You can contact them as well re: commercial use. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about... View More
I know someone with the name sweetees that is running a tshirt business. I wanted to know if this is legal.
answered on Jul 25, 2017
You may face a challenge for IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I have a blog and would like to have my subscribers do an episode by episode workout based on what the characters say, but would publishing that be copyright infringement of the tv series?
answered on Jul 3, 2017
That sounds like infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More
I received the answer to my question so thank you.
answered on Jun 27, 2017
You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
Taking a live image from Google and making it look like a painting or cartoon to put on the bottom of a skateboard that I am distributing.
answered on Jun 19, 2017
"A 'derivative work' is work based upon one or more preexisting works. . . in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of... View More
is a video script considered a tangible medium in order to protect the idea?
answered on Jun 14, 2017
The U.S. Copyright Act of 1976, provides that an original work of authorship automatically has statutory copyright from the moment it is created and fixed in a tangible medium of more than transitory duration. Copyright does not protect ideas, only the actual expression of the idea fixed in a... View More
are they?
answered on Jun 8, 2017
There are common law copyright protections, but they can be limited in potency when facing infringement claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
answered on Jun 5, 2017
If you took the photo and uploaded it to Instagram and another user misappropriated the image for their own use, that is copyright infringement. Yes, you could sue, but if you did not register the image with the U.S. Copyright Office, you'd only be entitled to recover "actual... View More
Here's a question- A bunch of us worked at Eagle Comtronics (fact). We started a facebook group so that those that quit or got laid off can still keep in touch. (fact). We named the group Friends at Eagle Comtronics (fact). Can the owner of Eagle Comtronics threaten to sue us for using the... View More
answered on May 22, 2017
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
My ex employee seems to be of the impression I want to replicate his software and has sent me a letter from his lawyers stating that I stole his code rather than the truth which is that it was always on my personal laptop from the beginning of my contract due to my ex employer not providing me a... View More
answered on May 8, 2017
Anyone can be accused of anything.
I think you mean can you be sued for damages for theft of intellectual property. Maybe.
Who owns the software and who is licensed to use it? Just because it is loaded on your personal computer does not mean that you have a license to use it. Did... View More
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answered on May 4, 2017
Depends on whether you are in the same industry, have potential customer overlap, and whether the use is likely to cause confusion in the marketplace.
answered on May 2, 2017
If you're concerned about IP infringement, consider a different name to avoid a lawsuit.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
I'm looking to create prints that have quotes from popular figures and selling them online. I'm not looking at using trademarked names, movie quotes, or song quotes. Though those might occasionally show up in the quotes themselves.
answered on Apr 30, 2017
It sounds like you're contemplating committing copyright infringement, unless you specifically license the right to use such content from the author.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional... View More
If the format of these businesses is not protected and can be duplicated without risk of infringement (as I suspect it can, as there are many companies that use this business format), can an individual sell the same items as one of these businesses (i.e. Jewelry, legging, or makeup), in the same... View More
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answered on Apr 27, 2017
Business processes can be patented if they meet certain tests, they can also be "trade secret" if they are protected from becoming publicly available and are not commonplace / public knowledge in any case. Copyrights protect original works that are published that are unique and orginal.... View More
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answered on Apr 20, 2017
This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law... View More
Question answered.
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answered on Apr 19, 2017
Those names are virtually identical, if you're in nearly the same industry and geographic market you should come up with a new name. I don't follow you about if the clothing line doesn't have products then how is it already in use, that seems contradictory.
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