Get free answers to your Intellectual Property legal questions from lawyers in your area.
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
That is a great question. To safeguard your idea and address potential concerns about existing patents, you can pursue two types of searches:
1. Patentability Search: This search assesses whether your idea is patentable by determining if it is new and non-obvious compared to existing prior... View More 
I have a business idea related to services that I believe is unique, but I'm concerned about protecting it from competitors who might have similar ideas. How can I ensure that my idea is safeguarded, and are there existing patents that I should be aware of?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
It is extremely unlikely that you may be able to obtain a patent on a "business idea for services" under the current state of the law regarding patent protection. This sounds like the kind of "101-ineligible" invention that has been trounced by Supreme Court decisions like... View More
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025
You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More
The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025
Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More
If I write a song and do not copyright it or publish it, then someone writes the same song or steals my song and copyrights it, can I still copyright my song and sue the person?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2024
You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.
You can still try to register your song at the US... View More
I paid a publishing company in Oct 2023 and still haven't received my books. After tons of follow up emails every few months without many responses, it's now been 18 months since first communication and I am concerned I will not receive what I paid for. He must have responded a total of 4... View More
answered on Dec 30, 2024
I’m sorry you’re dealing with this frustrating situation - very unprofessional indeed! I suggest creating a paper trail by compiling a file containing all relevant documentation such as invoices, the contract (if any) and any correspondence including emails with attachments, letters and... View More
I have a small business where I sell handmade bracelets. It has come to my attention that
SHEIN used to of my photos.
answered on Dec 19, 2024
I assume that your images are on Shein's website.
So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024
Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed... View More
So, say, someone has made a game and for it created a bunch of 3D models that are direct copies of copyrgihted content from different IP's. They are 100% breaking the law, this is out of the question.
What if I get access to those models? Can I use them without the creator permission?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024
In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do... View More
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
answered on Oct 1, 2024
"BREW GOOD. DO GOOD." is a registered mark for coffee cups, mugs, pots, makers, and other coffee making accessories; and for beverages made of coffee. The registration is owned by Tampa's Team LLC dba Buddy Brew Coffee. Your use for a coffee blend, or anything related to coffee, is... View More
Subject: Request to Cease Use of Trademarked Phrase
Dear Michelle,
We truly appreciate the positive impact you and Serenity Roast are making through coffee and commend your efforts. However, we wanted to bring to your attention that "Brew Good. Do Good." is a trademarked... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024
If the trademark is already registered by a third party for a similar industry as yours, then the question is one of priority of use. Whoever can show that they used the trademark first in commerce in that particular industry, would have priority to its ownership.
The Cease-and-Desist... View More
answered on Aug 10, 2024
Selling T-shirts with images of President Donald Trump in the U.S. involves several legal considerations, primarily related to trademark and copyright law. Here are some important points to consider:
1. **Public Figures and First Amendment Rights**: In the U.S., using images of public... View More
answered on Jul 25, 2024
Based on the information provided and general legal principles regarding the use of a public figure's image, here's an analysis of selling T-shirts with images of President Donald Trump:
Right of Publicity:
Public figures like former presidents have a right of publicity,... View More
The picture has now been used as a city mural project, this was not known to me at the time of taking the picture. It happened over a year ago. But the mural was completed in the last two weeks. The artist contact me after a friend had notice they saw my face on a building and ask the artist if he... View More
answered on Jul 25, 2024
Based on the situation you've described, there are several legal and ethical considerations to address regarding the use of your image in a public mural without your prior consent. Here's an analysis of your rights and potential courses of action:
Right of Publicity:
In... View More
If not, can I use a hand-drawn silhouette of his face?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024
There are a few potential copyright and trademark issues to consider here:
The "Make America Great Again" slogan was trademarked by Donald Trump for use in his political campaigns. Using it on yard signs without permission could be considered trademark infringement.
A... View More
Hello. Thank you for your time. I want to make a puzzle with New York on it. This map will consist of a large number of objects and landscape elements, and will also include famous architectural structures, such as: Empire State Building, Chrysler building, One World Trade Center, Rockefeller... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024
Creating a 3D map of New York City that includes famous architectural structures may potentially raise some intellectual property concerns, especially if the buildings are depicted in a realistic manner. However, the specific implications would depend on various factors and the laws of the... View More
I'm working with a wallpaper company who wants to make wallpaper from my artwork. For one piece, they want to remove the colored background and keep the original image that I created in the foreground. For another piece, they want to keep the actual drawing but just change the color lines that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024
The changes you've described - removing the colored background from one artwork and changing the color of the lines in another - would generally be considered derivative works under copyright law.
A derivative work is a new creative work that includes aspects of a preexisting,... View More
Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Image for trademark with serial number 85047118
Serial Number85047118
Status602 - Abandoned-Failure To Respond Or Late Response
Status Date2011-04-06
Filing Date2010-05-25... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024
Based on the information provided, it appears that your trademark was abandoned due to a failure to respond or a late response to an office action or other communication from the USPTO. Once a trademark is considered abandoned, the application process is terminated, and the mark is no longer... View More
Trademark Details
Status: 602 - Abandoned-Failure To Respond Or Late Response
Image for trademark with serial number 85047118
Serial Number85047118
Status602 - Abandoned-Failure To Respond Or Late Response
Status Date2011-04-06
Filing Date2010-05-25... View More
answered on Apr 5, 2024
Good afternoon,
It appears that your did not respond to an Office Action received on September 8, 2010, within the six month response period. Consequently, the USPTO sent you a "Notice of Abandonment." You had two months from the receipt of the Notice of Abandonment to file a... View More
I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024
Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:
1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
