To clarify, I would like to use the character as a cosplay with no mention to the characters name. The idea would be to interact as the character while gaming.
answered on Jan 4, 2021
This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you... View More 
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... View More
answered on Dec 28, 2020
It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... View More
I took a picture of the VW logo, photoshopped it into artwork, will I get sued if I put it on a shirt that I would sell?
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answered on Oct 24, 2020
This is never an easy question. There are ways to "transform" copyrighted and trademarked works in a way that "fair use" rights will apply. However, I tell my clients not to mess with big established brands and logos. It may end up in having to scrap your project, pay... View More
I took a picture of a Porsche and I want to use that picture as a shirt design to sell. Will I get sued for selling that shirt?
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answered on Oct 24, 2020
You can never tell for sure if someone (or a company like Porsche) is going to sue you for using their car and trademarked logo commercially on shirts. Me, I would not take my chances knowing what I know. I would probably try to create my own dream car and own unique logo.
I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... View More
answered on Sep 26, 2020
Hi there,
First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!
To the merits ...
Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively... View More
Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... View More
answered on Sep 26, 2020
The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to... View More
The jerseys do not use any similar colors or shapes of the player’s real team. Also, this made up alphabet that I create will not be disclosed. So it will take other people to “crack the code” if you will, but numbers and length of names will be clues.
answered on Sep 23, 2020
Be careful about the NBA's trademarks, and the players' rights of publicity here. But if it's not readily apparent that you're pointing to another's trademark; or that the players' identities are readily discernible, your risk of infringement here is quite low.
answered on Sep 23, 2020
Generally speaking, using copyrighted content for educational purposes is squarely within the "fair use" doctrine of copyright law. Without knowing a bit more about your situation, it's difficult to answer this fully, but your risk of infringement here is very low.
I.E. If you pay a photographer to take a picture of a professional athlete, can you then sell that picture on clothing? Since you now technically own the image.
answered on Jun 28, 2020
There are two elements here – rights to the image under copyright law and rights to the use of the image related to rights to publicity/likeness/privacy related to the famous person (and maybe others). You are claiming rights to the image under copyright. You need to clear the rights related to... View More
I am paying a physics professor a consulting fee for help with a private entrepreneurial project. I haven't set anything up on my part as a business entity yet. But I want to protect the ideas I share while speaking with the professor during our consulting sessions. Can an NDA do the job, or... View More
answered on Jun 24, 2020
The NDA (which includes a non-compete provision) can be entered between two individuals - it does not need to be between business entities. Make sure the NDA is strong and thoroughly defines confidential information to include all forms that the information could be - in other words, the... View More
answered on Jun 17, 2020
Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... View More
Hypothetical question: If Ginger and Fred's restaurant atop the Dancing House in Prague (named after real life people Ginger Rogers and Fred Astaire) had been named "Bond & Lynd's", with a marketing campaign involving a generic man in tux and a beautiful woman, would that... View More
answered on Jun 2, 2020
It may be copyright infringement and also trademark infringement. You acknowledge that you do want to make an obvious reference to the Bond enterprise. Best to consult with an attorney before you proceed with your plan.
I make short videos on YouTube about Classic Hollywood stars (1920's-1940's) and my videos are under fair use for educational purposes. I don't monetize from them. But, I had considered selling merchandise to make a small profit to donate to museums and historical societies that... View More
answered on May 24, 2020
Many interesting questions. Let's see if I can provide information concerning each.
First, just because you cannot find who owns the copyright in a work does not mean you can use it without permission. You may have to dig deeper to find out who owns the rights. One place you might... View More
answered on May 12, 2020
To the extent you created the content that appears on your website, you can register the copyright with the Copyright Office in that content. However, so much 3rd party content, etc., goes into building a website, you need to track down what are the sources of that content and under what license... View More
answered on May 10, 2020
What does the signed photo release say? Is it for one photograph? Does it limit the use of the photograph in any way? Why you need to use the particular photo release form? I ask these questions because it is not clear from what you have written, what exactly you wish to know.
Samples without giving my specific brand away would be: Fisherman's Food Network or Hunter's Food Network or Doctor's Food Network etc...
answered on May 3, 2020
Using the name "Food Network" for your brand may very likely infringe on the trademark rights of the existing Food Network brand. Infringement may occur when there is a likelihood of confusion as to the source of the goods represented by the mark. Adding a word to an existing trademark... View More
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answered on Apr 21, 2020
It's not clear which song you intend on playing, where and how. The song in the public domain may be able to be used, but the person who wrote the new song has copyright protection in their song.
Hello. I'm looking to officially "start" my business and I've noticed that the name appears to be at least partially trademarked. The company using it is Relapse Records and have "Relapse" trademarked. I'm looking to create "Relapse Gaming".
answered on Apr 19, 2020
You need to see what classification(s) has the other party registered their mark in with the USPTO. It is possible that your use for "gaming" would not fall in the same class as "records." For example three parties each own the identical mark "DOMINION". This is... View More
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