Lord of the rings series. Could I create a business with the name Mordor Entertainement? Or part of a name that is tradmarked? Thorin Oakenshield is trademarked, could I use Oakenshield Entertainment?

answered on Jun 17, 2020
One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.
This answer... View More

answered on Jun 9, 2020
Generally speaking, copyright does not protect an idea, it protects the expression of the idea in a tangible medium. For example, a published book or written story would be protected by copyright but not the idea for the story.
I am taking multiple part-like products from several companies and combining them to make my own final product. Is it ok for those company logos to show on my website and in my ads?

answered on Jun 3, 2020
Using another company's logo may expose you to a claim of infringement, since it may cause customer confusion regarding the source of your products. It may also create the impression that the brand is either affiliated with your company or endorses your company. If you need to mention the... View More
I wanted to make sure by doing this, I'm not infringing

answered on Jun 2, 2020
I believe there is an official "Black Lives Matter" group. See: https://blacklivesmatter.com/contact/ There are also a number of applications pending with the USPTO that could be relevant. Check with the BLM group about the best way to proceed with your idea.
Clearly Apple is not in the business of creating furniture such as lamps. So would I be safe?

answered on May 18, 2020
The key standard for trademark law is the likelihood that consumers will be confused about who the product is coming from. Often, multiple companies with the same name can coexist because they are in different sectors. In other words, people aren't likely to think Apple got into the business... View More
I worked as a 1099 Photographer with no contract or agreement for a company in NC. I was wrongfully let go (They are now claiming was a mistake), but my images are still being used for marketing and promotions even after I asked for a cease and desist. After a long wait, the companies legal... View More

answered on Jan 2, 2020
It is possible their response is a canned one and uses the term employee.
It is similar rule with contractors involved in creative work
you should contact a local attorney who is familiar with the local regulations
in general the work done for pay tends to be owned by the... View More
trademark and copyright knowledge needed

answered on Nov 26, 2019
If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.
Note that word... View More

answered on Oct 25, 2019
I would not recommend it. You are calling for a cease and desist and potential lawsuit.
Look for alternative ways, logos, make sure they are not in use and are not similar to others.
marcos.e.garciaacosta@gmail.com
www.legalbizglobal.com
DaVINCI EDITRICE S.R.L., VS. ZIKO GAMES, LLC, et al., in CIVIL ACTION NO. H-13-3415 cited a card game's mechanics aren't protected, I'm looking - quite literally - to copy a card game (as the defendant in the cited case) that is no longer in production by reskinning the game and... View More

answered on Oct 15, 2019
Games can be copyrighted as can the rules. So skinning a game can cause a variety of legal issues. I would have an attorney do a detailed analysis. One fact can change the result.

answered on Sep 9, 2019
try USPTO, it may be hard to navigate. Try also google patents.
It may give you a decent idea. You may need to pay an expert who knows how to navigate deeper the patent databases.

answered on May 17, 2019
You can't use another's logo in a confusingly similar manner, i.e. that is likely to cause confusion as to the source of the goods or insinuates endorsement.

answered on May 4, 2019
It isn't clear what the question is, but if you're wondering what you should do as a result of experiencing back pain after an accident, a first step could be to contact an accident attorney in North Carolina. Many give free initial consultations. Based on how the accident took place and... View More
Creating a website that creates profit, however, I want to know if I'm able to use song titles without any of their physical content (for example without their lyrics or digital media). I only need the titles.
Thank you for your time.

answered on Apr 13, 2018
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
My photograph will only be viewed by the illustrator so they are able to create their own artwork based off the image and then sell their artwork, so I'm not sure if I would charge a licensing fee (and how to go about configuring that) or charge royalty fees. I'm having trouble... View More

answered on Mar 27, 2018
As the creator of the work, and therefore the owner of the copyright (assuming you have not otherwise transferred the copyright or made the work as a work-for-hire), you have the exclusive right, among other rights, to create derivative works. An illustrator who creates illustrations from your... View More
They are just old ad posters that were stapled to telephone poles and buildings every week promoting the show and then torn down and replaced. The old ones were thrown in the trash. The company that printed them has been out of business for over 40 years. Do I need permission to make some copies of... View More

answered on Jun 22, 2017
If you want to avoid any legal liability for copyright infringement, yes - you need permission to reproduce those posters. The printing company is probably not the party that needs to grant permission, unless they also created the posters. The artist who created the posters, assuming the artist... View More
This website and web service would allow users to upload their screenshots from video games and share it with their friends. There is more to it, but as far as legal, would it be copyright or other IP conflicts if users screenshot their own in-game experience and upload it to the site and share it.... View More

answered on May 18, 2017
If you're going to allow users to post potentially infringing material, you should become familiar with the DMCA takedown process and register a DMCA takedown agent with the U.S. Copyright Office. Qualifying for the DMCA safe harbor would shift the concerns of copyright infringement from you... View More
I’m going to be releasing a video game soon and since I’m likely going to charge a small fee for people to download it I’d like to answer a legal couple questions just to be on the safe side:
1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood... View More

answered on May 5, 2017
1. Is it legal to use cartoon likenesses of famous/living American politicians or Hollywood actors in a video game? (artwork is original, my own)
It's certainly legal to do this *with the permission* of the person, or the permission of whoever may own the rights to their image and... View More
My teaching materials are my original ideas & design using concepts from a research group who shared them freely. My former partner is angry that I took his name & company name off my materials when we broke up. I re-named everything I created and credited him where he actually made a... View More

answered on May 1, 2017
Creative works receive copyright protection from the moment they are fixed in a tangible medium of expression. "Sending yourself materials through the mail to get copyright protection" is a myth that does not affect your copyright protection at all. Creative works receive more robust... View More
I live in NC, the website is maintained in FL. A falling out led to removal of work. I want to ensure copyright to my own writing and prevent further use of it on the site in the future, but do not know if I have ownership of copyright due to the nature of the "publishing"/posting on the... View More

answered on Apr 20, 2017
Works are copyrighted to producer of the work. So in this case, the removed work is still under your copyright. However, one has to look for two issues which might have transferred the copyright. If you perform a "work-for-hire" for a company, another person, etc. then although you... View More
I have had people who have stolen apps without permission, who have then sold my apps (properties) without my permission. I need a lawyer to represent me as retaliate as well as when I contact big name tech companies concerning offers. I need representation to help me draft contracts as well as... View More

answered on Apr 14, 2017
There are several attorneys listed on the Justia directory who would be able to help you. You should look for North Carolina attorneys with experience with copyright law, business transactions (licensing agreement and business entity formation), and civil litigation. You should contact 2-3... View More
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.