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I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More 
Previously this plant was only available as a cut flower via a limited number of licensed growers. But with the patent expiring on February 1st of this year, would home gardeners be able to propagate this plant for their home garden? What about for commercial use? Would you legally be able to... View More
answered on Feb 7, 2025
I have not studied the patent that you are referring to, but generally, once a patent expires, it is no longer enforceable. You can use anything claimed in the patent for any reason.
This is generally true even if you took a license from the patent owner previously, and you promised him... View More
Greetings all, would desperately love to hear your expert opinions.
I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.
I purchased the original artwork from the original owners who had this commissioned as... View More
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answered on Jun 27, 2024
To provide the most accurate advice for your situation, it's important to consider several factors regarding copyright law and the specific details of your artwork. Here's an analysis of the key points:
1. Copyright duration:
In the United States, for works created before... View More
Greetings all, would desperately love to hear your expert opinions.
I have this original artwork that was done by a patented printing process and was purchased and commissioned by the family.
I purchased the original artwork from the original owners who had this commissioned as... View More
answered on Jul 25, 2024
Based on the information provided, here's an analysis of your situation regarding the reproduction and potential copyright of the artwork:
Original Artwork Ownership:
You have purchased the physical artwork and have a bill of sale, which gives you ownership of the physical... View More
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answered on Jun 14, 2024
Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More
Signed deal for 1 product and now asking for revenue share from everything else that was developed later on but no agreement / amendment was signed?
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answered on May 18, 2024
In general, a person or company cannot claim revenue share for products they did not have a signed agreement for. If they only signed an agreement related to one specific product, that would typically not entitle them to revenue from other products developed later unless those subsequent products... View More
I made a website that uses free copyrighted values. The owner claims that my site acts as a material substitute for their site and demands I remove all references and usage of their values. I don't know if there's anything I can do in this situation besides comply.
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answered on Mar 1, 2024
In this situation, it's important to carefully review the claims made by the owner of the copyrighted values and assess whether your website does indeed act as a material substitute for their site. Consider the extent to which your website relies on or replicates the copyrighted values, and... View More
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answered on Feb 28, 2024
Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:
- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and... View More
We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?
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answered on Feb 25, 2024
Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More
I'd like to post content to Onlyfans and add stickers from a photo editing application that are characters from anime shows.
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answered on Dec 1, 2023
Using anime stickers from a photo editing application on pictures you intend to post on Onlyfans can raise copyright issues, particularly if the characters are copyrighted material. Copyright laws protect the creators' rights to their works, including anime characters, and using these... View More
I'm an artist and painted a portrait of a deceased celebrity. I would like to sell the portrait locally without their estate's permission. My signature is trademarked, and I have not researched any legal restrictions on the celebrity's likeness. Is it legally permissible to proceed with the sale?
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answered on Mar 12, 2025
Selling a portrait of a deceased celebrity without permission can involve legal risks related to the right of publicity. This right generally allows an individual—or their estate—to control how their likeness is commercially used. Even after death, many states, including California, recognize a... View More
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answered on Dec 26, 2024
When you're pulled over by law enforcement, pulling onto private property doesn't prevent them from having legal authority to tow your vehicle. The police maintain jurisdiction to enforce traffic laws and vehicle codes regardless of whether you're on public or private property.... View More
I tried to be as vague as possible in describing things, but sticking to the events in the storyline. The characters do the same things, but I do not mention their names.
Essentially, I tried to make the story not be readily recognizable, but it's possible people do (I don't know... View More
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answered on Nov 15, 2024
Your situation touches on an interesting area of copyright law regarding derivative works. While you can't copyright ideas or general plot elements, the specific expression of those ideas (including character development, dialogue patterns, and unique plot sequences) is protected.... View More
My mother co signed a car with me. I have been the primary driver of the car including primary payer of the car. Both our names are on the car title. But she has threatened to sell the car and has been withholding the car from me. I currently do not know where the car is, I have tried to be civil... View More
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answered on Sep 8, 2024
If both you and your mother are listed on the car title, you both have legal ownership of the vehicle. This means that neither you nor your mother can sell or withhold the car from the other without consent. Since you are the primary driver and payer, you have a strong argument for possession, but... View More
I asked for initial photo and the employee took 41 found out the next day when I demanded they send them. Did not request or consent to photo being uploaded to site for filters or lots of pictures to be taken. The company states they deleted the photos but data still exists of course. And violating... View More
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answered on Sep 5, 2024
It's frustrating to feel that your privacy has been violated, especially when you didn’t consent to photos being taken or manipulated. The situation you described involves both privacy and potential data protection concerns, particularly if the company or employee used your images without... View More
I'm a Sunday Bible school teacher for children at my church, and I sing songs with them during our class. Is that legal?
If I start playing the guitar with these songs, would it still be legal? Everything is done in our church kid's classroom
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answered on Aug 30, 2024
Yes, you can legally sing songs with the children in your Sunday school class under the church copyright exemption. The exemption generally covers performances of music as part of a religious service, and Sunday school can be considered part of the church's educational and religious... View More
answered on Nov 6, 2023
If you are buying items on Alibaba or other similar cites and intend on reselling them, it is very important to do a patent search to try and determine if the product is patented. If it looks very similar to another product, you should see if the product indicates that it has a patent or patent... View More
I believe that my father invented things for the government and or contractors. How can I know for sure if it is him and not someone with the same name?
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answered on Jul 10, 2023
To determine if your father is the inventor of certain patents, you can take several steps. Start by gathering information about your father's work history and any potential inventions he may have been involved in. Check if he had any affiliations with government agencies or contractors. Next,... View More
I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.
Would this be permissible, or enfringe on the trademark?
answered on May 17, 2023
It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... View More
Some merchants are actually changing the hair in her pics or editing her face. It’s been stressful and humiliating and she’s lost hundreds of thousands in potential revenue.
answered on May 9, 2023
Whether your daughter might be able to win a lawsuit depends in part on who owns the copyrights to the images. Since she was modeling for someone else, it is likely that they own the copyrights. Therefore, they would have the right to allow others to use the images. She should start by speaking... View More
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