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New York Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property for New York on
Q: I have a novel use for a product that’s been out for years Is that patentable?
Kathryn Perales
Kathryn Perales answered on Aug 13, 2020

Without knowing more, I'd say that it is unlikely but possible. If your invention doesn't change and improve an existing thing, then you'd only be looking at patenting a method to do something useful or to make something. If the method of using the existing thing is new, useful and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Internet Law for New York on
Q: Is it legal to screenshot a Getty Images image I have embedded into my website from that website and then post it?

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 »

James D. Williams
James D. Williams answered on Aug 4, 2020

Getty Images is not someone to mess around with. They are incredibly active in copyright infringement suits.

If they give you an embed feature, then they absolutely have terms and conditions on how the license works for that. I can practically guarantee, though will not without actually...
Read more »

2 Answers | Asked in Intellectual Property for New York on
Q: Can I use "Footloose" which is trademarked, in part of the name of my own business? For example, "Still Footloose"
Kathryn Perales
Kathryn Perales answered on Jun 15, 2020

Maybe. A trademark is reserved for a particular category of goods or services, sometimes more than one. So you wouldn't be able to use the same or a confusingly similar mark for the same or similar goods or services.

if you want to use the same mark for a completely different...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Can I convert youtube video to audio, transcribe the audio & post them on my website with original video link/embed?

- To transcribe, I first need to convert the video to audio. And then use some automated service.

- I will include original video as link and/or embedded

- I won't store the audio. Audio is needed just for transcribing and will be discarded later (& will not be shared... Read more »

John B. Hudak
John B. Hudak answered on Jun 6, 2020

Reading about copyright on the copyright.gov website is a good place to read about copyright. There are circulars which explain many issues. Below are some sections of copyright law.

“Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights...
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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Intellectual property question

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 »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

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.

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I mimic/copy famous brand label ( logo vector)with changes? For example , Veuve clicquot champagne label

Not exact copy, it says soy candle , and New York instead of France , also my store signature instead of original.

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

Not a good idea because not only would you be infringing the copyright rights but also the trademark rights of the owner of the famous brand.

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1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

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 »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

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 »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: researched attorney names case NY copyright infringement

wanted attorney names

case Manhattan NY

contact information

Tim Akpinar
Tim Akpinar answered on Mar 5, 2020

You should be able to find that - go to the Copyright section here for attorney listings. You could also run your own independent searches. Good luck

Tim Akpinar

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is my movie streaming application at risk of copyright infringement?

Hi,

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 »

Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

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.

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1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: wanted to know firm attorneys contact copyright infringement Manhattan Federal court case
Tim Akpinar
Tim Akpinar answered on Mar 2, 2020

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 »

Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 1, 2020

If he was a resident of Puerto Rico and left a Will, it will need to be probated in Puerto Rico. If he left it to you some other way there may be other ways to deal with it.

1 Answer | Asked in Intellectual Property for New York on
Q: My dad lived in P.Rico past away and and lift me his Property, but I'm in nyc what can I do
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

I'm very sorry for your loss. You could contact one of the attorneys here who practice in Puerto Rico, or you could repost your question in that geographical category. Go to "Other States," and you will see listings for attorneys who practice in Puerto Rico. Good luck

Tim Akpinar

1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Have a question about cryptocurrency.

I just started working on a disruptive token to introduce in the crytpo space platforms in relation to the social & retail service settings. I'm in the U.S. and I am aware of the stringent regulations surrounding the issue of whether or not a token is considered a security. My token... Read more »

Carl G Hawkins
Carl G Hawkins answered on Feb 25, 2020

Refer to the Howey Test, which is the most prominently used characteristics applied to analyze whether a debt or equity security exists. If you are still unsure, I would recommend obtaining counsel who is familiar with securities law. Remember, securities law is a federal issue for the most part,... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I register my brand and my product under the same trademark? Just an example" Diamond Fuel by Herballlove"
Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

Nope, your brand and your product are two separate trademarks and would need two separate trademark registrations.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Hello, I would like to know if its possible to claim a inanimate object such as air?

Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.

Steven Fairchild
Steven Fairchild answered on Jan 22, 2020

You cannot claim something natural. It has to be manmade.

You can claim a machine or device that uses air. For instance, a hot air balloon.

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: As co-author of an artwork ( painting) can I sell my part of copyright without approval from my co-author?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

It depends. Do you and your co author have an agreement between you? If so, the terms of the contract will govern. If there is no agreement are you selling the actual copyright or an interest in royalties. Without an agreement, you can sell your part of the copyright, or a royalty interest.

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

John Martin Hilla
John Martin Hilla answered on Nov 25, 2019

The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd... Read more »

1 Answer | Asked in Business Law and Intellectual Property for New York on
Q: Who owns the code I wrote for an app when no contract was signed?

Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Nov 24, 2019

Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in... Read more »

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Hi, can I check who has purchased a patent from an inventor?

I am dealing with an unscrupulous inventor who tries to sell his software patent. He tries to sell it with development done by a 3rd party. That 3rd party has already confirmed to me they are not interested in working on it, because the inventor is ineligible. Also, I was hired by the inventor to... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Nov 12, 2019

Once the patent issues or a patent application is published, then you should be able to see details in the assignment database at https://assignment.uspto.gov/patent/index.html#/patent/search . You will also be able to see the relevant information in Public PAIR once you know the application... Read more »

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