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 
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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
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?
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
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?
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
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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
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?
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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
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?
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
I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.
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
I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.
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answered on Mar 15, 2023
Whether you can trademark the words "Love & Loyalty" will depend on a few factors, such as whether the words are distinctive and not already in use for similar goods or services. Here are some steps you can take to determine whether you can trademark the phrase:
Conduct a... View More
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answered on Mar 11, 2023
Yes, it is possible to obtain a patent for a new prototype for a protective neck gaiter. A patent is a legal right granted by the government to the inventor of a new and useful invention, which provides the inventor with the exclusive right to make, use, and sell the invention for a limited period... View More
A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More
answered on Mar 10, 2023
If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More
A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More
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answered on Mar 10, 2023
It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any... View More
My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... View More
answered on Mar 8, 2023
This may be something that a copyright/intellectual property attorney would have insight into. You could repost and add Copyright and Intellectual Property as categories. Not all questions are picked up on this forum, but you might increase chances for a response by adding those headings. Good luck
My name for free and has refused to pay for the book and it content they are selling online as a collectible against my will and knowledge. I would like to file a suit against this company for millions of dollars since 2017 to this writing I have not been given a dime for my work, beside $100 for... View More
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answered on Mar 11, 2023
To seek legal action against the publishing company, you should consider hiring a lawyer who specializes in intellectual property law. The lawyer can review your contract with the publishing company and determine if there are any breaches of contract or infringement of your intellectual property... View More
Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... View More
answered on Feb 7, 2023
I agree with Attorney Steve as to the issue of registration conflicting with a prior trademark owner’s rights. Yet, it is probably advisable for you to be proactive, not simply reactive. You should strongly consider filing USPTO trademark registrations for your domains in available product... View More
Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... View More
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answered on Feb 6, 2023
The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.
Trademark law... View More
The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More
answered on Feb 3, 2023
Aside from intellectual property issues, there can be tort law issues. Diligent publishers will review certain manuscripts to ensure that a book does not open the door to allegations of libel, the act of defaming (causing damage to dignitary interests) a person in written form. Good luck
The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More
answered on Feb 3, 2023
You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More
Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America
answered on Jan 20, 2023
You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... View More
Does the attribution to the original comedian overcome copyright? And, would the answer be different if the videos were free to the public versus being included in a fee based subscription?
answered on Jan 20, 2023
No, attribution is not a defense to copyright infringement. Fair use might be a defense. Section 107 of the U.S. Copyright Act provides for certain cases where permission from the rights holder is not required. Courts assess whether the "fair use" defense applies based on four factors:... View More
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