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Ohio Copyright Questions & Answers
2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
Q: I created a class and would like to get it protected but dont know what I need.

Do I need a patent, trademark, or copyright?

Will Blackton
Will Blackton
answered on Oct 25, 2017

What type of class? How is the class material presented?

It's likely that copyright is the appropriate type of protection, but it's unclear without more information.

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1 Answer | Asked in Copyright, Antitrust, Business Law and Intellectual Property for Ohio on
Q: My eBay listing keeps getting removed because my "listing used their copyrighted image without permission."

I keep trying to sell a Klipsch headset on eBay. I took the pictures of the product myself, but I keep getting my listing removed, because Klipsch is claiming copyright infringement over my images. They are my own pictures I took myself, and I feel I'm being harassed by Klipsch. Klipsch is... View More

Benton R Patterson III
Benton R Patterson III
answered on Oct 7, 2017

Try the Electronic Frontier Foundation. They sometimes take cases involving DMCA harassment pro bono.

1 Answer | Asked in Copyright for Ohio on
Q: Hi, a proposed bar in my town is using the name "Studio 54". How can I find out if they're using it legally or not?
Joseph Jaap
Joseph Jaap
answered on Aug 11, 2017

You can ask them, but they have no obligation to tell you anything about their business dealings.

1 Answer | Asked in Copyright and Trademark for Ohio on
Q: Can a logo that was purchased on Etsy by numerous people be trademarked?

I am creating a new company and was browsing Etsy for logos. I stumbled upon a premade logo that is being sold with a company name. It is not one of a kind, therefore can be sold to other people as well. If it has not been copyrighted/trademarked/registered yet, am I able to use this logo and... View More

Michael Gerity
Michael Gerity
answered on Aug 8, 2017

There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use... View More

2 Answers | Asked in Adoption, Copyright, Family Law and Child Custody for Ohio on
Q: Doing a guardianship application for Ohio?

If I want full custody, do I apply for non-limited? Also would it be best to hire a lawyer to talk on my behalf ?

Joseph Jaap
Joseph Jaap
answered on Jul 31, 2017

The guardian for an Ohio resident must also be an Ohio resident. Use the Find a Lawyer tab to consult an attorney in the location where the person lives.

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1 Answer | Asked in Copyright for Ohio on
Q: I am starting a podcast and I want to name it: "Marlon Brando...then everything else." Can I use his name?

I want to also use his image in my logo as well. Just wondering if this is legal. Thanks so much for any help you can give.

Joseph Jaap
Joseph Jaap
answered on Jul 25, 2017

Using the name and likeness of a person without permission could invite legal action against you. Use the Find a Lawyer tab to consult a local copyright and trademark attorney who can advise you of the risks before you do anything.

1 Answer | Asked in Copyright for Ohio on
Q: What must a performance look like to be considered private by US Copyright Law

Under Chapter 1 Circular 92 of US Copyright law, it states that a public performance can be meant "to perform or display it (a performance) at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is... View More

Joseph Jaap
Joseph Jaap
answered on Jul 21, 2017

The copyright law does not provide a specific answer, beyond the text you quoted. Prior copyright cases that have been decided, might give a court's decision on a specific set of facts in a particular case. That decision might provide some guidance in a case of similar facts, but another... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Made a logo for business as a favor for a friend who worked there but is now gone. Can I order cease and desist

Designed a simple logo for a friend to use at his place of employment a few years back, but they just recently forced his resignation and I no longer want them to use my logo. I was never paid for the logo and never gave any sort of formal rights of ownership to them, just sent him the file and... View More

Will Blackton
Will Blackton
answered on Jun 28, 2017

You were not an employee of this company, so absent a written transfer of rights, you retain the copyright in your work. As to the rest of your questions, an attorney will need to review any communications between you and your friend or his former company to determine what your rights may be.

3 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: is it copy right infringement if I change all of the words and numbers from college exams and profit of off it?

The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.

Joseph Jaap
Joseph Jaap
answered on Jun 7, 2017

It could be infringement. Access + similarity = infringement. If the professors have registered copyrights in those exams with the US Copyright Office, they can seek statutory damages for each item infringed. 17 US Code Section 504(C)(2): "In a case where the copyright owner sustains the... View More

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1 Answer | Asked in Copyright and Trademark for Ohio on
Q: I plan on making a short run of action figures from the movie small soldiers, tm was cancelled in 08 is there any issues
Joseph Jaap
Joseph Jaap
answered on Jan 3, 2017

Yes, there could be problems. There is no requirement to register a trademark. Many famous marks are unregistered, and still enjoy legal protection at both state and federal law. The registration of a mark might be cancelled or expire, and the owner of the mark can still assert rights in the... View More

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: If my idea of invention is already patented by another individual yet not invented, what are my options? Thank You!

I recently discovered that my idea of invention had already been patented by another individual 5 years ago. However, the product is not available to this day and I passionately wish to bring this invention to life. What are my options?

Joseph Jaap
Joseph Jaap
answered on Dec 27, 2016

You can contact the patent owner and negotiate a license from the patent owner to produce the product or purchase the patent rights. Consult a local patent attorney.

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1 Answer | Asked in Copyright for Ohio on
Q: I've received 1.Plaintiff's Motion for preliminary injunction2. Complaint for damages Do I need send 2 answers?
Matthew Williams
Matthew Williams
answered on Feb 2, 2015

No. You can respond to both in a single document, if it is done correctly. It may be prudent to answer both individually. This is a situation begging for a lawyer. If you go without one, expect to lose.

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