Get free answers to your Intellectual Property legal questions from lawyers in your area.
A few examples are: The Cones of Dunshire from the TV show 'Parks and Recreation', CharDee MacDennis from the TV show 'It's Always Sunny in Philadelphia', and True American from the TV show 'New Girl'.
answered on Sep 4, 2017
For copyright purposes, just as you cannot copy a real game, you may not copy from someone's imaginary game. In both instances, someone created the board game and to the extent the board was an expression of the idea of the game, then that would be off limits without the copyright... View More 
My partners and I have been following an abandoned trademark. When we were ready to take action, we found out another entity has submitted an initial application for said trademark. Can we still put in an application for this trademark? Does the fact of having created merchandise, logos, and... View More
answered on Aug 21, 2017
When it comes to rights to use a particular trademark in conjunction with particular goods and/or services, the most important issue is the date that a party first used the mark in commerce in conjunction with the offering of those goods/services. Thus, the first to use the mark in commerce wins... View More
I just finished shooting a video with my friend and we're both minors. What release forms do I need and how/where can I get them?
answered on Aug 13, 2017
You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
I saw it on a brand trademark I'm interested in purchasing one day.
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answered on Aug 8, 2017
It literally means exactly what it says... But if you want further explanation please give the exact detailed context of where you saw that...
I ran a search in TESS for a stage name that I would like to use and came across a DEAD (since 2007) trademark for it under the IC 009 category. They were using it for a "series of musical recordings..." which is what I would like to use it for.
I have found the contact... View More
answered on Aug 7, 2017
You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is... View More
i wanna post a rare interview from a public access tv show from the early '90's onto my YouTube channel but don't wanna get my channel deleted
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answered on Aug 7, 2017
Probably not, contact the shows producers and ask for permission / a license.
development stage?
answered on Jul 26, 2017
You can use NDAs, IP agreements, and carefully protect it from exposure, at the very least. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More
I ran a search in TESS for the stage name that I would like to use and came across a DEAD trademark under the IC 009 category. They were using it for a "series of musical recordings..." which is what I'd like to use it for, however it was filed in March 2006, and abandoned in April... View More
answered on Jul 25, 2017
You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the... View More
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answered on Jul 3, 2017
You can't trade your goods off of the name they made famous...
I received the answer to my question so thank you.
answered on Jun 27, 2017
You need to copyright the individual songs. What you did covers the video, but not the songs re-done on an album.
is a video script considered a tangible medium in order to protect the idea?
answered on Jun 14, 2017
The U.S. Copyright Act of 1976, provides that an original work of authorship automatically has statutory copyright from the moment it is created and fixed in a tangible medium of more than transitory duration. Copyright does not protect ideas, only the actual expression of the idea fixed in a... View More
answered on Jun 2, 2017
Potentially, but make sure that it is before doing so. More details are necessary to provide a professional analysis of your issue. 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
Here's a question- A bunch of us worked at Eagle Comtronics (fact). We started a facebook group so that those that quit or got laid off can still keep in touch. (fact). We named the group Friends at Eagle Comtronics (fact). Can the owner of Eagle Comtronics threaten to sue us for using the... View More
answered on May 22, 2017
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. 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... View More
I have a trademark for the same name and same class but different goods, the trademark is named "RapidEffects" it's for teeth whitening kits, and teeth whitening gel. The current registered trademark is for "Rapid Effects" it's for Conditioners; Hair care preparations;... View More
answered on May 5, 2017
It may be wise to be more creative to avoid possible IP infringement claims.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
answered on May 2, 2017
If you're concerned about IP infringement, consider a different name to avoid a lawsuit.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
I am a phd student recently working on my dissertation research. I knew a friend from a conference who assisted me in programming work during the past year in part time. He is a research assistant in a university in Texas. I proposed research idea and designed the experiment. His work is only the... View More
answered on May 2, 2017
Trying to convince somebody to sign an NDA after the fact is complicated. What's your leverage? How does the other party feel about it?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your... View More
I'm looking to create prints that have quotes from popular figures and selling them online. I'm not looking at using trademarked names, movie quotes, or song quotes. Though those might occasionally show up in the quotes themselves.
answered on Apr 30, 2017
It sounds like you're contemplating committing copyright infringement, unless you specifically license the right to use such content from the author.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional... View More
1. We are both in the same industry.
2 I checked on the department of state registry before setting up and didn't find anything. Only now noticing this business when developing website and searched my name on google and the other business comes up, (seems to have been around already... View More
answered on Apr 19, 2017
You may want to use a different name to avoid confusion and any IP infringement claims.
See: http://www.aeesq.com/business-law/general-counsel/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
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answered on Apr 8, 2017
It seems like you are confusing your first amendment freedoms with "censorship" and a private enterprise's right to control it's content. In any case more information would be necessary as too would further research.
1) In order to trademark a business that I want to start does the corporation name HAVE to be the same? EG I have come up with a catchy name XYZ for my new venture and would have multiple locations and franchises, is it necessary/would I have to have my corporation name the same XYZ INC as my... View More
answered on Apr 7, 2017
It would be better to have the name of the corporation the same as the trademark for the business like McDonalds. If you have multiple locations the manner of structuring the different units will depend on the nature of the locations, e.g. franchises or second locations operated by the same company... View More
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