Get free answers to your Intellectual Property legal questions from lawyers in your area.
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 
If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?
answered on Jan 17, 2023
If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and... View More
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... View More
I already started the trademark process but it was canceled 10 yrs ago.
I’ve since changed the logo but the name remains the same. Can I continue with what I started?
answered on Jan 1, 2023
I would just like to add that before you start a new registration application, you must conduct a common law clearance search for your mark, covering every single U.S. geographic market. The Lanham Act does grant a presumption of exclusive use throughout the territorial US to the first successful... View More
I already started the trademark process but it was canceled 10 yrs ago.
I’ve since changed the logo but the name remains the same. Can I continue with what I started?
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answered on Jan 1, 2023
If you had an application in progress to register the mark, and it was not completed, it cannot be revived.
Since you refer to both a "logo" and a "name", I infer that the mark had both a text component and a design component. It is possible to register just the text... View More
answered on Dec 28, 2022
Some of the licenses and permissions you need include the following: (1) Certificate of Authority by New York State Department of Finance to collect sales tax: (2) Resale Certificate [if applicable] from Dept of Finance; (3) You must file quarterly Sales Tax Returns Form ST-100; (4) There are other... View More
Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.
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answered on Oct 25, 2022
The slight difference in the marks is not significant, so either could claim infringement for use on similar goods, but the deciding factor in which one prevails over the other is which use was prior in time.
Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.
answered on Nov 8, 2022
The Lanham Act prohibits using a same or similar mark if it is likely to cause confusion among consumers. You need a comprehensive brand research analysis to answer your question, as trademark ownership in the US is segmented based on use in commerce in any part of the territorial United States.... View More
I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... View More
answered on Oct 24, 2022
Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.
I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... View More
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answered on Oct 25, 2022
If your use of the mark for services in class 41 was prior to the date of use in the newly filed application, it would be wise for you to file an application in that class (citing your existing registration in class 25) so that it will be noticed by the examiner of the other applicant's... View More
answered on May 16, 2023
Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More
I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... View More
answered on Sep 19, 2022
These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... View More
I have not seen the Will but according to court documents, the property was named the Mourhess Family Trust and my brother was named as the Trustee. Before my mother died (she was in ill health) she sold both properties to my brother for $1 total, without me knowing about it. After she died, my... View More
My working company suddenly received a warning letter on 1 of the product infringement issue from other company . The product patent registered name was go under the other company that they work in partners together for 1 of the products promoting business between them . The patents right still... View More
answered on Aug 1, 2022
Your post is a bit confusing. Have a free telephone consultation with counsel.
Jack
I am a non US citizen lives in India and A Patent infringement case has been filed against me and several other US & Non US based sellers for selling online. Is there any way I can write to the Court without hiring a Lawyer to avoid a default judgement as I can't afford an attorney.
answered on Jul 31, 2022
No, I am sorry, but there really is no way to do that. You'll need to hire an attorney to fight it.
In some countries, the judgment of a court in the US is not-enforceable. If you don't have any property to be seized in the US, and there is no way to collect it in India, it is... View More
How do I create a lawsuit in the event of an infringement?
answered on Jun 21, 2022
I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... View More
A college class I'm taking requires groups to create and present an entire social media campaign to a nonprofit organization. Each group has a different theme. We've been working on this for three weeks because of the amount of work -- it's an entire social media activation. I have... View More
answered on Apr 29, 2022
If you receive college credit for the work, it is legal, like an internship.
It would be used for a printing company name, not an automobile name. My assumption is it can't be copyrighted or reserved as a general word since it is a type of ship of war in common parlance. Thank you,
Tom
answered on Mar 26, 2022
Your question remains open under the Business Law/Formation categories. At this point, you could try reposting and adding the following categories - Trademarks, Copyrights, Intellectual Property. "Copyright" is in the main menu. You'll see "Trademarks" and... View More
I am an independent contractor providing creative services to my client. In our agreement, I included a section in which my client represents that all of their creative materials I may be using, modifying, repurposing, etc., are the property of my client OR that my client has permission to use... View More
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answered on Mar 25, 2022
First you should bring to the client's attention that a dispute may exist regarding whether the materials from the former contractor are "works for hire", and ask whether the former contractor's engagement contained a written provision to that effect. Ask for a copy of that... View More
My patent lawyer also did a search (we both did), and there was nothing similar in the patent library.
Just last week in Jan. 2022, a product entered the market very similar to mine, claiming to have a pending patent.
I'm not sure if my idea was stolen or if they also came up... View More
answered on Jan 20, 2022
It depends. You need to have a deep conversation with your patent attorney.
IF the other guys filed before you, it is possible that they have an upper hand.
If you filed first, they would not have a way to know about your invention unless you made it public.
If you get the... View More
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