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New York Intellectual Property Questions & Answers
1 Answer | Asked in Entertainment / Sports, Intellectual Property and International Law for New York on
Q: Can one use SNAP! and CRACKLE! as part of a tagline in a non-food related industry legally despite Kellogg trademark?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

Just a question, no facts? Attoneys deal with facts and the law, and without sufficient facts we cannot apply the law. What you probably need to do is go see a trademark attorney about this for a full discussion.

1 Answer | Asked in Intellectual Property for New York on
Q: Who should I ask for the copyrights to use a few passages from THE CATCHER IN THE RYE in the book I am getting published
Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

You should consult with a copyright attorney such as myself to see if it's necessary to get permission for the use you have in mind. Then, if we determine it is necessary, then we would make a few phone calls and find out from whom we'd need to get permission.

1 Answer | Asked in Intellectual Property for New York on
Q: If I own content in the U.S., how will copyright work outside the U.S. such as in India and Phillippines?

I produce audiovisual and motion picture videos in the U.S. and plan to sell content outside U.S.

Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

It's determined by different treaties, and also by the practical realities of how different countries enforce copyright laws. You would need to consult with an international copyright lawyer, and you would have to give much more specific factual information in order to get a meaningful answer... View More

1 Answer | Asked in Intellectual Property for New York on
Q: Can I use the english name zilich on my game-board if another company has it trademark?

Note My game name does not have word zilich in it.

Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

Probably not, especially if they are using it as a trademark for games. But we would need to know more facts to give you a definitive answer.

1 Answer | Asked in Intellectual Property for New York on
Q: To what extent is the variation of the trademark name considered illegal?

We are designers freelancers called twisted sisters design and twisted sisters creative. We where contacted by a lawyer of Twisted Sister (80's band) http://trademarks.justia.com/731/30/twisted-sister-73130716.html

Saying that we have to change our name (although is different from... View More

Ray Beckerman
Ray Beckerman
answered on Mar 8, 2013

The fact that you're not in the same industry is an argument you can make in defending the case, but there is no guarantee you will prevail. You should hire experienced trademark litigators like my firm.

1 Answer | Asked in Intellectual Property for New York on
Q: Can I trademark a name and tag line all at one
Jason Daniel Stone
Jason Daniel Stone
answered on Aug 2, 2012

You can combine the name and tag line in one trademark application but that might limit your ability to enforce them when used separately.

1 Answer | Asked in Intellectual Property for New York on
Q: Copyright infringement

Can i use someone else's song without asking as a background to a video i make to post on youtube?

Jason Daniel Stone
Jason Daniel Stone
answered on Aug 2, 2012

Most likely the answer to your question is no, you cannot use a song without permission of the copyright holder. If the song is in the public domain you may use it.

1 Answer | Asked in Intellectual Property for New York on
Q: Are the Olympic Games broadcasts legally protected?
Jason Daniel Stone
Jason Daniel Stone
answered on Aug 2, 2012

Yes, they are protected under Copyright law.

1 Answer | Asked in Intellectual Property for New York on
Q: I gave a company an idea on one of its products and they took it and ran.

I would like to know if anyone can help.

Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Jul 27, 2011

It really depends under what circumstances you gave your idea to that company: did you sign an NDA (non-disclosure) agreement, or entered into any other contracts with the company, did you work for the company, and if yes, then in what capacity (e.g. independent contractor, employee, etc.), and so... View More

1 Answer | Asked in Intellectual Property for New York on
Q: I added the trademark and copyright symbols to my internet only radio programs show info & logo does this protect me?

See I can not afford to trademark & copyright filing but I was told adding them anyway would discourage people from trying to use them with out my permission, I need to know if this is true and if there is a very cheap or even free way to apply for trademark & copyright.

Mr. Ilya Libenzon
Mr. Ilya Libenzon
answered on Jul 26, 2011

I would recommend registering your work for better protection. You can do it on-line at USPTO.gov (for registering trademarks) and at copyright.gov (for copyrights). Just make sure to search for similar trademarks. I would recommend consulting an intellectual property attorney - some would charge a... View More

1 Answer | Asked in Intellectual Property for New York on
Q: Our free paper wants to use lyrics of songs in an article--is there a fixed number of words to quote copyright free? thx
Paul Overhauser
Paul Overhauser
answered on Dec 17, 2010

First consider whether the lyrics may be in the public domain, for example, if the song is over 75 years old. Assuming the song is protected by copyright, unfortunately, there is no "objective test" for how many words you can quote. In general, reproducing a copyrighted work for... View More

1 Answer | Asked in Intellectual Property for New York on
Q: DO I NEED A TRADEMARK LAWYER
Paul Overhauser
Paul Overhauser
answered on Dec 2, 2010

There is no requirement that you hire a trademark lawyer. However, some reasons you might want to hire one are: (a) to ensure that a trademark is what you really need (many people confuse a trademark with a copyright or patent); (b) to conduct a search to ensure your mark is not infringing someone... View More

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