Get free answers to your Intellectual Property legal questions from lawyers in your area.
answered on Jan 27, 2017
Applications for trademarks, and modifications thereof, should be made to the USPTO. 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 law practice website. I practice... View More 
answered on Jan 26, 2017
Beware of computer viruses. Check the terms of use. There may be inherent or explicit copyrights on the software, which is common. 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/... View More
souvenir for Trump supporters. Will it be legal to use his drawn image too on one of the pages?
answered on Jan 26, 2017
Not as long as it clearly does not resemble an American passport. It has to be like monopoly money compared to real money.
I recently registered a copyright claim with the USCO. The contents included a detailed description of an idea I had. Now I'm worried that since ideas can't be copyrighted, an employee of the USCO could legally share the idea with a third party. Owning the text that describes the idea on... View More
answered on Jan 25, 2017
The copyright registration application is a public record available for inspection and copying by anyone, see https://www.copyright.gov/title37/201/37cfr201-2.html, but the U.S. Copyright Office and its employees are generally prohibited from "sharing" the contents of applications with... View More
It was made by Sherri Cup in the 1960's and then Solo paper cup bought the company . I would like to know who owned the copyright on this cup design from its inception to date . Thank you
answered on Jan 24, 2017
Check the copyright records at the US Copyright Office and/or the Library of Congress. 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 law practice website. I... View More
Hello, here you can see original item and my item: http://goo.gl/9t0jKP
I was selling my item on Amazon and in the message I received from Amazon they notified me about copyright infringement and removal of my item.
They said if I believe I didn't infringe on any copyrights I... View More
answered on Jan 24, 2017
You should get in touch with an IP attorney for legal assistance.
The materials provided herein are for informational purposes only and do not constitute advertising, solicitation or legal advice. Consequently, you should not rely upon it as advice about specific legal problems because it... View More
answered on Jan 23, 2017
It depends on whether there were any express restrictions re: video-taping the show or whether there was any agreement re: the same. Was it a public or private show? The facts are important. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
We are a local dining guide that provides our own photos and menu scans of local restaurants. We have a user photo section on each listing and someone uploaded a totally irrelevant photo about 3 years ago. This photo in no way benefited any part of our company, instead it probably hurt our... View More
answered on Jan 23, 2017
Have a lawyer review your Terms of Use and the specific facts here. 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 on my law practice website. I practice... View More
The funny remakes (karaoke version) of different artists will be used to sell "Reyonce's products). (This is not a real name, using it just as an example). Thank you.
answered on Jan 19, 2017
There's a fine line between infringement and fair use (e.g., parody) of a copyrighted song. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More
We recently received a letter from one of the manufacturers:
We, *******, do not recognize you as an authorized reseller of our products. You are violating copyright and trademark by purchasing from unauthorized suppliers. We are continuing to gather data on all unauthorized resellers and... View More
answered on Jan 19, 2017
You may indeed be violating the company's IP by commercially reselling their product. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More
Today when we work with so much of software and software programs and software tools which have been developed by different companies or communities, where is the scope to innovate and patent? In other words, if my day to day job involves using these software tools or programs, what could be a... View More
answered on Jan 10, 2017
The concept and scope of software patents is very ambiguous, frequently changing and very much under assault. Note that "ideas" cannot be patented or copyrighted, although you can copyright software code as a creative expression. Look at some articles on software patents reviewing the... View More
answered on Nov 22, 2016
Just like with any other service, you need to pay for services of a lawyer. Do you need to pay upfront or can you pay later? That is up to the lawyer and you to negotiate when you hire the lawyer.
It was originally filed in Ireland and this filed again without my consent or crediting me as the inventor..
answered on Nov 22, 2016
Likely yes.
The exact answer will depend on the circumstances of your case, but here are a couple of points:
(1) If you invented something for your employer, generally the employer can file an application even without your consent.
(2) Whether you are or are not an... View More
There is a book that has been out for over 10 years that I would like to create an audio book of and sell the audio book do I need permission from author and/or publisher to do this?
I am wondering if this works like the music industry in that the rights of the book is retained by the... View More
answered on Nov 18, 2016
Yes. Unless the book is in the public domain (meaning it is no longer subject to copyright protection), you need permission to make a derivative work such as an audio book. The contract between the author and the publisher determines from whom you need the permission.
One of my simpler designs consists of a single word (not a brand or anything) with a symbol at the end. A prominent clothing brand uses the same word on their tshirts but their font is different and they don't have a symbol. Is it fair game if mine is different? I looked in the trademark and... View More
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answered on Nov 4, 2016
Firs question is the identical word generic / commonplace? A company can trademark a word to identify the source of it's good and distinguish it, but it wouldn't be able to if the word is generic or commonplace. Another company can't use that identical word in the same industry or... View More
Can I use the hashtag #armystrong on an Amazon web page that sells a “Proud U.S. Army Reserve Mom” t-shirt design I created? The terms “army strong” and “#armystrong” do not appear on the t-shirt. The web page in question utilizes the term only once as “#armystrong”. The term... View More
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answered on Oct 28, 2016
This is really a good question. Obviously the hashtag #armystrong is associated with the U.S. Army slogan on social networks. You would violate trademark law if you co-opted that mark to identify your goods as the original source or being in some way sponsored by the U.S. Army, which it can be... View More
Can I use the hashtag #armystrong on an Amazon web page that sells a “Proud U.S. Army Reserve Mom” t-shirt design I created? The terms “army strong” and “#armystrong” do not appear on the t-shirt. The web page in question utilizes the term only once as “#armystrong”. The term... View More
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answered on Oct 28, 2016
This is really a good question. Obviously the hashtag #armystrong is associated with the U.S. Army slogan on social networks. You would violate trademark law if you co-opted that mark to identify your goods as the original source or being in some way sponsored by the U.S. Army, which it can be... View More
The agreement is for 3 different editions - hardcover, softcover and ebook. Each edition has its own set fee, plus royalty. The image was used and fee paid on the hardcover and continue to pay the agreed royalties. The ebook is not being created and the cover image for the softcover has been... View More
answered on Oct 21, 2016
If you do not want the license you do not need to pay the fee.
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answered on Aug 23, 2016
You likely copyright that since it's a work of the visual arts. Trademarks are reserved for branding such as logos, slogans, tradenames, trade dress, a trademark identifies the source (producer) of the goods or services associated with the registered mark.
I sell custom pillows and I was contacted by another company stating I infringed on their trademark. After researching their registration number, I found that only a trademark application was submitted. It has not been assigned to an USPTO attorney for review yet. Do they have the right to... View More
answered on Oct 3, 2015
Either learn all you can about this by reading what is available on this topic, or get to a local trademark attorney swiftly.
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