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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright for Texas on
Q: I have a trade mark question

I am trying to trade mark a logo for clothing line I found this guy had same but abandoned response listed does that mean it's not register

Sindee Levin
Sindee Levin answered on Dec 6, 2019

Are you saying in the trademark listings from the Trademark Office, the mark is listed as "abandoned"? If so, it is available for someone else to use.

1 Answer | Asked in Civil Litigation, Copyright and Collections for Texas on
Q: Question regarding small claims court

Let me just put it out like this I’m using fake names, just a example. Alex got a loan out for Ryan under Alexs name. Well they break up Ryan stops paying the loan which is in Alexs name. Now Alex is mad because the loan was for Ryan and he should be paying it even though it’s in Alexs name.... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

Alex is responsible to the creditor to pay the loan; however, if there is another agreement between Alex and Ryan for a loan then perhaps he can recover in small claims court.

1 Answer | Asked in Copyright for Texas on
Q: I am an artist, and I've recently started making paintings of celebrities that people want to buy. Could this be illegal

Could the celebrities take any legal action towards me, if the paintings aren't from any particular photo? Or could I be fine if its merely just from my imagination?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 9, 2019

Yes it can be a problem. It will be up to the artist to give you any problem.

Think of what you are doing as fan fiction, or cosplaying.

Some companies have decided the risk of going after infringers is higher than any benefit.

Even if the artist is dead their estate can...
Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I am writing a screenplay for a biopic of a celebrity and I am wondering if I have the rights to sell the script.

I got all the information about the events that occur in the script from books written about the events and public information. I just want to know if I need to acquire any special rights or am I allowed to sell the script as is. And also am I allowed to copyright the script?

Jason Brooks
Jason Brooks answered on Jul 25, 2019

You may copyright the script, and sell it, however the celebrity's life rights must be obtained before the script could be produced. A buyer would most likely condition the sale on the ability to clear those rights. If you have additional questions or need clarification you can feel free to email... Read more »

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Banking for Texas on
Q: id="i.desc.309958765" 5/28/17

This I.D. is linked to a banking incident that occurred the same day my Wolfram Alpha files vanished from my iCloud email.

brymer2012@icloud

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

And your point is....what?

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?

I'm not sure which terminology fits, but either way I'm making baby onesies to sell and I want to make sure it is not illegal before doing so.

Thanks in advance.

Griffin Klema
Griffin Klema answered on Apr 11, 2019

The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into... Read more »

1 Answer | Asked in Contracts, Copyright and Trademark for Texas on
Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?

Please let me know if the trademark is no longer in effect

Griffin Klema
Griffin Klema answered on Apr 9, 2019

If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called... Read more »

2 Answers | Asked in Contracts and Copyright for Texas on
Q: Q: My dad had a trade mark on name “macho nacho” it says status canceled does that mean it’s not in effect any more!?

How can I find out if he still owns the trademark name “macho nacho”

Sean Erin Serraguard
Sean Erin Serraguard answered on Apr 9, 2019

The short answer is yes. If the USPTO shows the mark as dead or cancelled, your dad would no longer have rights to that trademark. Further, a cursory review of the trademark database shows that numerous registrations have existed for that mark, with some registrations being still in effect. To... Read more »

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1 Answer | Asked in Copyright for Texas on
Q: I have a band called Beyond Redemption. There is a band in England with the same name. will that cause copywrite issues?
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 24, 2019

maybe, it will depend if they have a registration in the USA or if they are selling their product and service in the USA as well, or if you plan to go and play in England.

You should schedule a consultation to go deeper in your issue.-

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Are release agreements needed from the people and institutions of photos I took to be used in a potential movie?

I was approached to use my images of people on the field at a sporting event for a potential movie. The images were taken several years ago and were on my website. I do not have a release agreements from the individuals nor the institutions they represent. I own the images. However, I do not want... Read more »

Griffin Klema
Griffin Klema answered on Mar 18, 2019

That's a difficult situation. It really depends on what is shown in the photos as far as brands/products and the context in which the images were created. Most likely, the company seeking to use the images would need to get their own release for showing the brands in the movie. But if the movie is... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?

Or If my Brand Name was trademark will it cover my Logo being trademarked?

Jason Brooks
Jason Brooks answered on Jan 21, 2019

You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).

1 Answer | Asked in Contracts, Copyright, Tax Law and Traffic Tickets for Texas on
Q: Copyright infringement laws can used against state federal government agencies if that use copyrighted name?! Yes or no

What if I copyrighted my name in all caps, can I use that against state and federal government agencies if they used my trade mark names/copyrighted name to gain capital currency or money off of it..

Grant St Julian III
Grant St Julian III answered on Nov 3, 2018

No

1 Answer | Asked in Copyright for Texas on
Q: A subscription service company used one of my videos from YouTube in their web series without contacting me what do I do

I film videos and put them on YouTube and a subscription service company used one of my videos in their web series without directly contacting me and without compensation. They said they got the video from a third party so I wanted to know where I stand legally and what I should be fighting for.... Read more »

Jason Brooks
Jason Brooks answered on Jun 4, 2018

Without hearing all the details, it sounds like you've got a valid case of copyright infringement. Feel free to email me to discuss your rights: jason@altviewlawgroup.com

1 Answer | Asked in Copyright, Trademark and Business Formation for Texas on
Q: How should I legally start structuring a record label business, register trademark and copyright?

Id like to start it with two other people, get an estimate for how much it would cost to trademark, copyright and would you be able to give me some steps to start with the structuring?

John Espinosa
John Espinosa answered on Jun 1, 2018

This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:

https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile...
Read more »

1 Answer | Asked in Copyright for Texas on
Q: Does the copyright of a TV show extend to the concept of the show — or just the actual recording?
Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

Possibly, depending on the concept. Some original concepts from a show can be protected by copyright. However, copyright does not protect age old concepts that exist in many stories (for example, a group of people of different backgrounds share an apartment or contestants are evaluated by a panel... Read more »

1 Answer | Asked in Copyright for Texas on
Q: Is naming a character I Think I Can" an infringement of Copyright. Character never says this, is just his name.

Children's story about two pigs. One negative attitude (I Think Not) and one positive ( I Think I Can). Character never says the line, but is intended to relay his "See good in all" attitude. Wanted to make sure the name is not an infringement on the copyright of the old Children's story.

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

You should be fine with regards to copyright law. Names and short phrases generally are not covered by copyright.

2 Answers | Asked in Copyright and Trademark for Texas on
Q: Status 606 abandoned , Does this mean it is outdated?
John Espinosa
John Espinosa answered on May 29, 2018

It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: If I make a polo shirt to sell online with company name, ie Chevy or American Express, is that copyright infringement ?

Or as long as I don’t use the same exact font or logo am I safe to make them?

Andrew Zulieve Esq
Andrew Zulieve Esq answered on May 17, 2018

Not likely a copyright infringement, but quite possibly an infringement of those companies' trademarks. More importantly, I imagine those trademarks would qualify as famous marks and likely registered with the U.S. Trademark Office. I think your venture carries some significant legal risks.

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1 Answer | Asked in Contracts, Copyright, Business Law and Trademark for Texas on
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo

I received letter today from Git-R-Done Productions Inc , Lawyers telling me 2 change my company name or else be sued from Git-R-Done Shuttle & Limo to another name. Really how can someone own a word

Jason Brooks
Jason Brooks answered on May 1, 2018

This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.

The established company's name is very similar to mine. . Also if this is not okay, would there be a way to change it while still keeping the word

Benton R Patterson III
Benton R Patterson III answered on Apr 30, 2018

Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you... Read more »

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