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South Carolina Intellectual Property Questions & Answers
2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
James L. Arrasmith
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answered on Mar 16, 2024

If an artist has given you explicit permission to use their images, including those posted on Facebook, for your book, then you generally have the right to use those images according to the terms laid out by the artist. Ensure that this permission is in writing and clearly states the scope of use,... View More

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
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answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
James L. Arrasmith
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answered on Mar 7, 2024

Based on your description, it sounds like you have created a unique design for a mouse pad that incorporates the concept of the 52-week challenge. In this case, you likely do not need a patent, but you may want to consider copyright protection for your specific design.

Here's why:...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
Jabari-Jason Tyson-Phipps
Jabari-Jason Tyson-Phipps
answered on Mar 6, 2024

It depends: It can be both.

A copyright protects original works of authorship fixed in a tangible medium of expression. This includes creative works like art, literature, and graphic designs. So for the design of the mousepad you may be able to file a copyright for those specific creative...
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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

There would typically be a process one could inquire about for rights clearance or limited licensing with the owner of the trademark. This is typically something an attorney would handle, but the information about the owner/their representative may be found online with the TEAS trademark lookup... View More

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2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I want to title a short story "The Kool-aid Pact," but I know that would pose a trademark issue.

Is there a different way I could title this so it wouldn't be an issue?

James L. Arrasmith
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answered on Jan 13, 2024

To avoid potential trademark issues with your story's title, consider using a more generic term instead of a specific brand name. For example, you could title it "The Flavored Drink Pact" or "The Sweetened Beverage Agreement." These alternatives convey a similar idea... View More

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1 Answer | Asked in Business Law, Internet Law, Copyright and Intellectual Property for South Carolina on
Q: Can I use publicly available videos if someone says 'Yes' in a direct message on social media?

I run a marketing company. I sell social media short video services. To make the short videos, I repurpose existing videos. I've gained access to these videos by asking people online if I can use their videos for this exact purpose. They will simply reply back with 'Yes' or... View More

James L. Arrasmith
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answered on Aug 31, 2024

While receiving a "Yes" or "Sure" in a direct message provides some level of permission, it may not be enough to protect you from potential legal issues. Verbal or written informal agreements, like those made in social media messages, might be considered valid, but they can be... View More

1 Answer | Asked in Intellectual Property and Civil Litigation for South Carolina on
Q: Can a renter or llandlord have my vehicle towed after the renter giving me permission to park it on the property

The renter only had it towed after a argument within 24 hours of Said argument

James L. Arrasmith
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answered on Jul 27, 2024

If a renter gave you permission to park your vehicle on the property, they generally cannot have it towed without proper notice or justification. The situation might change if there were specific terms or conditions attached to that permission, or if the property rules or lease agreements allow for... View More

1 Answer | Asked in Trademark, Business Law and Intellectual Property for South Carolina on
Q: I own salt life cleaning llc and received notice from salt life llc (clothing) that I was trademark infringement

My logo and my services are nothing as the above company. I don’t want to fight I’m willing add a y and be salty

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 15, 2023

As you point out, with different logos and markets, there is no likelihood of confusion. If the notice includes a demand that you cease using the name, you should challenge that. There is no basis for complaint without evidence of confusion or economic damage.

1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: How do you dispute this trademark its a former member of the car club trying to steal the logo
Tim Akpinar
Tim Akpinar
answered on Aug 9, 2023

An intellectual property attorney could advise best, but your question remains open for three weeks. Some questions here go unanswered, but you could try reposting and adding the headings - Trademarks, Intellectual Property. You'd have better chances of a response. Good luck

2 Answers | Asked in Trademark and Intellectual Property for South Carolina on
Q: I'm being sued by Salt Life, LLC. b/c my cleaning business name is Salt Life Cleaning, LLC...Do I need to get a Lawyer?
David Aldrich
David Aldrich
answered on Aug 2, 2023

Though you technically don't have to, you really should consult a qualified trademark attorney with the requisite expertise about your case. You will generally want to do this quickly, because if the Plaintiff has already filed a complaint in court, you will have a limited amount of time to... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for South Carolina on
Q: Can I name my online vintage clothing store “Jean Genie Vintage” after David Bowie’s song?

I have an Etsy shop called Jean Genie vintage Co. There are others using a name similar in other states: Jean Genim Denim, the Jean Genie, and then another Jean Genie Classics (on Etsy and actually from my same town).

I’m wanting to get an LLC to protect my business. But I don’t want... View More

James L. Arrasmith
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answered on Jul 11, 2023

The name "Jean Genie Vintage" may be trademarked by David Bowie's estate, so you will need to determine whether the name is trademarked and contact the trademark holder to see if they would be willing to allow you to use the name. You will also need to consider whether the name is... View More

1 Answer | Asked in Trademark and Intellectual Property for South Carolina on
Q: I am making an NFT CALLED AETHERIA will that be am issue since the word is trademarked?
James L. Arrasmith
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answered on May 22, 2023

Using the term "Aetheria" for your NFT may potentially raise trademark concerns if the word is already trademarked by another entity. Trademark protection extends to various industries and categories, so it is important to conduct a comprehensive search to ensure there are no conflicting... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for South Carolina on
Q: I found evidence that my granddad is the 1st patent holder ,inventer of the tubless tire ..what do i do to file law suit
John Michael Frick
John Michael Frick
answered on Jan 28, 2023

I infer from your question that you want to sue manufacturers of tubeless tires claiming that you rightfully inherited your grandfather’s patent.

If so, you should consult a patent litigation attorney regarding your rights in this regard. Such an attorney may also go by the rubric...
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3 Answers | Asked in Intellectual Property and Trademark for South Carolina on
Q: Question on International Classes as listed in the USPTO can there be more than one per class?

My company prints clothing & we want to print shirts with a certain word on it. This word is a verb & describes the action of the specific activity, a pretty common one.

We discovered a company owns the trademark for the word. Its not their primary brand but they have a product with... View More

Timothy John Billick
Timothy John Billick
answered on Dec 29, 2020

It is possible, but not likely. Shoes could be viewed as being too similar to shirts and hoodies because they are all apparel.

That said, trademark confusion analysis is highly fact-intensive and depends on a number of factors. You should consult a trademark attorney before you take any...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for South Carolina on
Q: Hi, I have been trying to get my personal property back and my grandpa’s wife refuses to give it back. What do i do?

She lives in Florida and I have been trying for two years to get my stuff back. I asked her for the property back or the money to replace it and she told me that I was getting nothing back and that she didn’t owe me anything. I never abandoned my property, I had been kicked out by them and... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 20, 2020

This question has been posted to the attorneys that handle patents (a way of protecting an invention) and to intellectual property (patents, copyrights, trademarks, trade secrets).

The problem described does not belong in these categories. You may want to talk to someone with experience...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for South Carolina on
Q: Hello. I am trying to figure out if the phrase "Be Kind" is trademarked or not. It says "Abandoned", but just in case.
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 11, 2020

This is not legal advice, but an informal glance at U.S. Trademark Office records suggests that there are over 100 pending applications or active registrations using the phrase "BE KIND" as a mark or as part of a mark.

Numerous factors are considered in determining whether a mark...
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1 Answer | Asked in Copyright, Intellectual Property, Mergers & Acquisitions and Trademark for South Carolina on
Q: I need to find out what the process is to buy a few trademarks from C&S wholesale.

That were formerly owner by Piggly Wiggly Carolina co./GreenBax enterprises?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 9, 2019

You would be having a purchase contract. In this case the assets are the IP rights. You also may want to do a transfer or assignment of ownership. Best luck.

1 Answer | Asked in Contracts, Intellectual Property, Lemon Law and Trademark for South Carolina on
Q: I traded our motercycle for a jeep about 3 weeks ago. Before doing so the owners of the jeep told us it had no issues.

We are now having to tow the jeep. It has many issues that we were not informed about before the trade. We have messages where the owner told us the jeep had no issues. The car clearly had issues as they started a mile from their house, where we signed titles over. Is their anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 28, 2019

Probably not, because neither the Jeep nor the motorcycle are worth enough money to make it worthwhile for you to hire a litigation lawyer and fight the seller. Unless you want to try in a small claims court.

1 Answer | Asked in Intellectual Property and Trademark for South Carolina on
Q: can I use part of a trade marked name in my website name?

Wellco Corp issued me a cease and desist letter for my WellCoSeniorbenefit.com website. Can they do that?

John Espinosa
John Espinosa
answered on May 28, 2018

Yes, they can. You need to hire an attorney with experience in trademark defense to advise you on how to best proceed.

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