Joseph Jaap's answer It isn't against a law. But the custodial parent might have a civil claim for invasion of privacy or unauthorized use of the child's name or likeness without permission. So the author is risking a lawsuit and should use the Find a Lawyer tab to consult a local attorney, or use a different name in the book.
Andrew Zulieve Esq's answer I suggest that you discuss the matter with an attorney with expertise in intellectual property law. She or he can advise you if copyright still subsists in each of the works and what rights, if any, exists in connection with the use of a deceased person's name. If there is good reason to believe that the copying and uses are unauthorized and therefore infringing the copyright(s), a cease and desist letter may be an appropriate next step. Any action in the U.S. alleging copyright infringement...
Joseph Jaap's answer Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.
Griffin Klema's answer Yes, the copyright (i.e. the legal right, not the registration) should still be valid. A copyright registration which includes erroneous information can be corrected. Review the procedures under section 1800 of the copyright office Compendium.
Regarding ownership, a copyright is always initially owned by the creator, unless assigned. Generally, the registration itself doesn't change ownership.
Bruce Martin Broyles' answer You need to obtain the electronic mail to and from Gieco to determine whether policy was in effect. In addition, your previous insurance company may have continued the policy of insurance for a short period of time after the cancellation for non-payment.
If you cannot obtain the email information, you may want to contact a computer forensics expert. The email would have left an exact date and time that the email was transmitted from your computer.
Joseph Jaap's answer You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.
Dr. Jamie Cuticchia's answer A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.
In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would want the trademark for. You can file either as an "intent to use" or "used in commerce" status. Intent to use is basically filing the trademark paperwork before the mark is actually used in...
Will Blackton's answer 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.
Joseph Jaap's answer 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 burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."
Joseph Jaap's answer A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you. But anyone can sue for almost anything. And even if he doesn't sue you, he might feel cheated. Use the Find a Lawyer tab to consult a local business attorney about starting your business and also...
Matthew Williams' answer Did you have a written contract with them for the internship? Did you design the logo during your internship? At work? Etc. It is fairly standard practice for companies to insert language in contracts which grants the company, not the individual, the rights to things the individual designs on the job. It is also fairly common for contracts to include a clause that say the contract is the only agreement between the parties and cannot be orally modified. How did you tell them the logo was...
Matthew Williams' answer Generally, this sort of thing is not a problem.Trademark laws are primarily concerned with situations where confusion concerning whose product is being purchased could result, i.e., where a customer could be mislead believing your product is the same or is backed by a more established company. It is always best to have permission, as even successfully defending a suit could be extremely costly. Also, you may want to discuss it with the publications that have reviewed your business as they often...
Nathan Roach's answer Unfortunately, these kind of cases are increasingly common. Depending on your situation, the EFF may be able to recommend a lawyer near you.
Often times, the subpoena notice from your ISP will give you an opportunity to contest the release of your information in a limited amount of time. Finding an attorney to respond quickly to block the release can prevent further disclosures and put your case in a better position for later...
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