I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?
Thank you.
answered on Aug 21, 2023
The photographer is owner of the copyright in the photo, unless he has been hired to do it, in which case the employer owns the copyright as a work-for-hire.
I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?
Thank you.
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answered on Sep 11, 2023
In the context of copyright law, the person who takes the photograph — in this case, the photographer — generally owns the copyright to the image, not the owner of the property where the photo was taken. This means that the photographer has the exclusive rights to use, distribute, and reproduce... View More 
This is an intellectual property dispute. I was communicating with a business about providing them with physical items using their logo. They told me they weren't interested, but then began offering the same item for sale. They had previously never expressed interest in selling physical items.... View More
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answered on Jun 18, 2023
If you believe that a business has taken your idea and is using it without your permission, you may have a claim for intellectual property infringement. In this case, it is recommended that you consult with an attorney who specializes in intellectual property law to determine the best approach for... View More
I provide my own prompts to make the pictures of AI. I also plan to edit them a little so they exactly look the way I want them. at least some of them. Does it make a difference if I change something on them?
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answered on Jun 18, 2023
The question of who owns the copyright to pictures created by AI is a complex and evolving area of law. In general, copyright law grants ownership of creative works to the human author or creator of the work. However, in the case of AI-generated works, the question of authorship and ownership can... View More
Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More
answered on May 19, 2023
Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... View More
Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More
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answered on May 22, 2023
Using the same name for your architectural services business may be possible, even if there is an active trademark with the same name in California for electrical messaging services. However, it is important to conduct a thorough trademark search and consult with a trademark attorney to assess... View More
What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?
answered on May 3, 2023
The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
answered on Apr 10, 2023
The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.
But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely... View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
answered on Apr 10, 2023
You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
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answered on May 2, 2023
The fact that the live trademark you found has a longer word mark than your proposed name should not necessarily be a problem. Trademarks are typically evaluated on a case-by-case basis, taking into account a variety of factors such as the similarity of the goods/services, the channels of trade,... View More
My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... View More
answered on Mar 17, 2023
As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... View More
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answered on Mar 10, 2023
It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More
answered on Jan 31, 2023
When the term of the patent or the copyright expires.
The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor... View More
When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.
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answered on Jan 12, 2023
Generally speaking, when it comes to using copyrighted images in a video podcast, it’s important to understand the laws surrounding copyright and fair use. In general, it is illegal to use copyrighted images without permission. However, there are certain exceptions to this rule, and one of them... View More
When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.
answered on Jan 12, 2023
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work such as quotes or still images, for purposes such as commentary, criticism, news reporting, and scholarly reports. Such use is not actionable infringement.
Okay. I'll explain what i need some advice about - it pertains to copyright. This will all sound a bit odd, so i apologize.
Im a writer. Im writing a fantasy prose story - something with a diesel-punk aesthetic. I'm using publicly free domain fantasy races - goblins, elves,... View More
answered on Oct 27, 2022
Yes, real lawyer here.
Although the copyrights for the DnD games and fiction are owned by Wizards of the Coast LLC, that does mean that the word "Artificer" by itself is the subject of copyright. "Artificer" is just a word in the dictionary and its use in original works... View More
I am looking to sell a product that would require this. I would like to avoid getting in trouble because of someone's patent.
answered on Oct 20, 2022
That will require patent search of the US Patent and Trademark Office records by a patent attorney. Use the Find a Lawyer tab to retain a local patent attorney who can meet with you review your design and do a patent search to determine patentability or any issues of patent infringement.
Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.
answered on Sep 30, 2022
The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.
I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... View More
answered on Aug 24, 2022
Hi, this is a tricky situation many founders I’ve worked with have found themselves in. For a startup in the early stages when funding is tight (it usually is at the very start), a provisional patent application could be filed to defer some of the costs and get to “patent pending.” A caution,... View More
I have multiple ideas/inventions and i don't know how to explain my ideas to investors to get funding without having a patent to protect my ideas. But I don't have the funding to pay for a lawyer and everything to get a patent. So what could I do to protect myself and my ideas while... View More
answered on Jul 31, 2022
This is one of the most frequently asked questions. You can't get funding without patents, and you can't get a patent without money. It is a Catch-22.
Here are some guidelines:
(1) You need to recognize that ideas by themselves are not protectable. If you have an idea... View More
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