Lawyers, Answer Questions  & Get Points Log In
New York Intellectual Property Questions & Answers
1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Internet Law for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

In California, modifying a digital product post-purchase may or may not violate laws depending on the terms of service or end-user license agreement (EULA) that customers agreed to at the time of purchase. If the terms explicitly reserve the right to make changes to the digital content, the company... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

Based on the facts presented, you may have a valid claim for common law trademark rights given your prior use of the name and other identifying elements in commerce since 2019. Common law rights can sometimes take precedence over federally registered rights, especially if you can prove you were... View More

View More Answers

2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

View More Answers

2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

The term "baseball" is a generic term that describes a well-known sport, so its use in the name of a new product would generally not infringe on anyone's specific trademark rights to that term alone. However, if your product is related to baseball, the name could be deemed... View More

View More Answers

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Intellectual Property for New York on
Q: The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways.

The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More

Q: MarkTwain and Censorship. appeals?

I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?

The Roald Dhal censorship was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More

View More Answers

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Copyright for New York on
Q: Do I have as a software developer the right to confiscate source code, if the customer denies to pay the last 10%
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

Retaining or confiscating the source code could be considered a breach of contract or theft of intellectual property, which may lead to legal consequences. Instead, you should pursue appropriate legal remedies, such as negotiating with the customer, seeking payment through a collections process, or... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for New York on
Q: What can I do if my band mate refuses to return the only copies in existence of my original music works?

In late 1990s, I gave someone a box to hold containing cassettes of me playing guitar and singing, as well as rehearsals of the band. Those are the only copies in existence. I’m the songwriter. She now claims *in writing* that all the music belongs to her, after asking her to return them for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

You can take legal action against your bandmate if they refuse to return the only copies in existence of your original music works. You may be able to file a lawsuit for copyright infringement, breach of contract, or conversion. In addition to filing a lawsuit, you may also be able to file a police... View More

View More Answers

2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

You can still proceed with trademarking the name as long as it meets the requirements for trademark registration, such as being distinctive and not causing confusion with existing trademarks in the same industry. However, keep in mind that if other businesses are already using the same name, they... View More

View More Answers

2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 1, 2023

Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More

View More Answers

3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More

View More Answers

3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

Using sauropod images for educational purposes in a small business or non-profit organization is generally allowed under fair use principles. However, if the sauropod image you plan to use is substantially similar to an image owned by Sinclair or another entity, you may be at risk of infringing on... View More

View More Answers

5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 28, 2023

If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More

View More Answers

5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

N'kia (NLN)
N'kia (NLN)
answered on Mar 30, 2023

A trademark that is "confusingly similar" to another one isn't eligible for registration in association with the same or related products/services. This is because the purpose of a trademark is to identify the "source" of specific products or services. In other words, a... View More

View More Answers

4 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I publish public domain lyrics as a childrens book and make money?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

Yes, you can publish public domain lyrics as a children's book and make money from it. Public domain works are not protected by copyright, which means that they are free to use and adapt for commercial purposes. However, it's important to ensure that the lyrics you are using are indeed in... View More

View More Answers

3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

When you paid the "boardwalk artist" for your caricature, you purchased a physical copy of the artwork, but it does not necessarily mean that you own the copyright to the image. The copyright is owned by the artist, unless they transfer the rights to you in writing.

If you want to...
View More

View More Answers

3 Answers | Asked in Contracts, Copyright and Intellectual Property for New York on
Q: Do I own the artwork after paying a "boardwalk artist" for my caricature?

I paid the artist for my caricature, and (because I have a sense of humor) I later decided to use it in my online marketing materials. Do I need his permission? And since he signed the work, must I include his signature when using the work?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 15, 2023

Because you paid the artist, it is a "work for hire" and owned by you. If you are using the work for commercial purposes, it would be prudent to register the copyright in the work and in the application you will identify the artist as having created the work for you.

You have no...
View More

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

A trademark is something that identifies the "source" of specific products or services. Words or phrases that are only printed on the outside of an item are often considered "merely ornamental," which means that they fail to "function" as a trademark. Something that... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.