Tennessee Copyright Questions & Answers

Q: A lot of people call any side by side a RZR. If you Made a shirt that says, "let's go RZRing" would that be infringemen

1 Answer | Asked in Copyright for Tennessee on
Answered on Apr 1, 2019
Marcos Garciaacosta's answer
What is a side by side?

If it is a very common, widely used term, it is probably not protectable, so anybody could use it.

It will also depend if you are filing for protection or just going to make the product without any registration.

Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on
Answered on Sep 25, 2018
Peter D. Mlynek's answer
Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first bottle, or you can do it after you've been in business for years, or anywhere between there. There are, of course, business reasons why you'd want to do it earlier or later.

If you invented...

Q: can I buy decals from graphics printer on line then apply to corn hole boards for resale? Their logos of college,MLB,etc

1 Answer | Asked in Copyright for Tennessee on
Answered on Jun 1, 2018
John Espinosa's answer
Selling online is still selling, and selling them with the decal on gives the appearance of being a licensed product when it is not. What you describe is using someone else's brand for commercial purposes without their permission. The printer may have the license to sell the decals, but that does not give you or anyone else the ability to use those decals to then sell products. You would need to license the logos from the owners of the trademarks and copyrights in question, because both apply.

Q: copyright a song - to record the song on a cassette, mail it to yourself, make sure it's never opened or seal broken.

1 Answer | Asked in Copyright for Tennessee on
Answered on Mar 13, 2018
Mark A. Baker's answer
You have described a "poor man's copyright." It's worth about as much as the piece of paper it's written on, but not after you add postage. Under U.S. law, a copyright comes into existence the moment the original idea is "fixed in a tangible medium" - when you record the original song on a cassette tape, you have fixed it in a tangible medium. However, under U.S. law, the only way to enforce the copyright is through the federal courts, and that requires registration of the copyright with the...

Q: Patent/Copywrite/Trademark Question... I need some clarification.

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on
Answered on Jan 19, 2018
Kevin E. Flynn's answer
There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy tractor) looks under a design patent for a limited time (15 years). They can seek trademark protection. One can seek protection for a distinctive color when used for a particular product. This is rare...

Q: I want to file a trademark for a new ministry, I need to know the cost

1 Answer | Asked in Copyright and Trademark for Tennessee on
Answered on Nov 17, 2017
Benton R Patterson III's answer
Filing a trademark application is easy and inexpensive. Expect a $275 fee to the government and a small amount of professional time to prepare the application. The more expensive and complicated part of the trademark application process is responding to the government attorney's legal arguments about your proposed trademark and analyzing potentially conflicting trademarks. An attorney would need to review your proposed trademark to estimate the cost to prosecute the application. Generally, I...

Q: I'm trying to file a trademark for "WORTHY". It will include clothing branding, audio recording and live shows/concerts.

1 Answer | Asked in Copyright and Trademark for Tennessee on
Answered on Jun 25, 2017
Will Blackton's answer
Did you receive an initial response from the USPTO (usually within about three months of your original application)? It can take a year to a year and a half before your trademark registration is completed.

I would encourage you to find out the status of the application you've already filed, before seeking an attorney to assist you file an application for the same trademark.

Reach out to 2-3 attorneys, who do free consultations, via the "find a lawyer" function at the top of...

Q: Copyright/trademark infringement by a third-party who isn't stopping.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Answered on Feb 3, 2017
Will Blackton's answer
Have you filed for copyright protection for the image? If so, it's likely that an attorney would assist you for a portion of any money recovered from the person infringing. Filing for copyright protection for a single work of visual art is $35, it's $55 to file for multiple works. Determine who owns the rights to this logo, you or your client, before filing for protection.

Consult with an attorney if you have additional questions about the process.

If you have not filed for...

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