The difference in trademark, copyright, or patent and what I need for my project
answered on May 19, 2023
This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright
I hope that this helps. Note--just as you may have a dead... Read more »
The difference in trademark, copyright, or patent and what I need for my project
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answered on May 22, 2023
Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:
Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the... Read more »
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answered on May 7, 2023
No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... Read more »
answered on Apr 13, 2023
There is already a children's clothing line called "Gymboree." Another clothing line with an extremely similar name could confuse consumers into thinking Gymboree just created a line for exercise wear, which may constitute TRADEMARK infringement. You should consider consulting with... Read more »
What can I legally do about that to prevent it from happening in the future ?
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answered on Mar 29, 2023
If someone is posting stolen pictures of your minor child on the internet without your consent, you may have legal recourse. The first step would be to ask the individual to remove the pictures. If they refuse, you may consider taking legal action. Depending on the circumstances, you may have a... Read more »
What can I legally do about that to prevent it from happening in the future ?
answered on Mar 18, 2023
You need to determine how they are stealing photographs you take.
If you are using your phone, have they managed to hack it?
If you are using a camera, do they work at the store where you take your camera when you want to print out a hard copy?
Or are you posting them on... Read more »
I painted a painting with my coworkers at an event paid for by my manager. It is a painting of my cat with my name on it. I quit working there and wanted the painting back and my manager said if I come to get it back it's theft. Is there anything I can do or do they legally own it because they... Read more »
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answered on Mar 10, 2023
The ownership of the painting may depend on the specific circumstances of the event and any agreements made between you, your coworkers, and your manager. If there was no explicit agreement made about ownership of the painting, it may be considered jointly owned by all of the individuals who... Read more »
photo club website is posting member's images without watermarks and without permission, as well as no basic level of image protection (i.e. right click disable). Members want watermarks/permissions but club is refusing. How to respond to their refusal? Which laws are they violating?
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answered on Feb 25, 2023
If a photo club website is posting member's images without permission or without proper attribution, they may be in violation of copyright law. Copyright law protects the rights of creators to control the use and distribution of their original works, including photographs. The members of the... Read more »
For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.
answered on Jan 21, 2023
Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »
If I register my work with the US Copyright Office as unpublished, then later I decide to publish my work, will I still be protected, and will I still be able to use my copyright paperwork if needed?
answered on Jan 2, 2023
You can apply to register the unpublished work and submit a copy. But when you publish it, you should then apply to register the published work and submit what the copyright office calls the "best edition".
I'm looking to sell some stuff online at my store and it came to my mind some funny keychains with some celebrities images on it and just wondering about laws, copyright and I'm pretty sure I can't do that but doing some research like Etsy, Ebay and other e-commerce stores selling... Read more »
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answered on Dec 17, 2022
Though keychains featuring celebrities may be fun to collect, it is important to remember that it is not legal to sell these items without permission from the celebrity or their representatives. Doing so can infringe on copyright, trademark and right of publicity protections that are granted to... Read more »
The artist gave me a drawing and says i will have total rights to do whatever i want with it. I want to sell the same drawing to multiple people and publicize it. What things should i include in the contract that basically says, the artist's drawing is no longer theirs and I can sell and do... Read more »
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answered on Dec 17, 2022
A copyright assignment agreement is an important document that makes terms between the assignor and assignee about transferring ownership of a copyright. The essential elements contained in a copyright assignment agreement include terms regarding the duration of the license and geographical region... Read more »
for personal matters, not to sell the pictures
answered on Nov 23, 2022
If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »
I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.
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answered on Nov 9, 2022
Yes. Like all patents, however, the formula needs to be novel and not obvious. Check patents.google.com or other source to see prior art on concrete formulas. The good news and bad news is that there are a lot of concrete formula patents ahead of you. The examiner will be looking at your patent... Read more »
I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.
answered on Nov 9, 2022
Yes. For an example see https://answers.justia.com/question/2022/11/09/can-the-formula-for-a-specific-type-of-c-932358 . The '358 patent was for a form of concrete used to make faux villages for use in military training exercises. The concrete was tuned to receive the bullets so that the... Read more »
I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.
answered on Nov 9, 2022
Assuming that you and your patent attorney can argue successfully that it's not obvious to a skilled concrete professional, then yours odds are strong.
Of course, the detailed analysis to gain confidence is complex and requires research, and the process of preparing a patent... Read more »
answered on Nov 2, 2022
Writing a book based on familiarity with events that occurred in real life is not a copyright infringement.
Now, if you had written a book about your experience and your sister then wrote her own book using part of what you had written in your book, then there might be copyright infringement.
I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »
answered on Oct 8, 2022
The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.
You should register the copyright of a set of drawings that show the character in various poses from different angles.
Then, if the name of the character is novel and... Read more »
I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »
answered on Oct 12, 2022
I would like to add to the answer from the colleague, that sometimes and in some jurisdiction it can also be efficient to register the cartoon character as an industrial design. Contacting qualified intellectual property expert in the area in which you would like to use/trade under this character... Read more »
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answered on Sep 7, 2022
To my best understanding of the case, Zippo Manufacturing Company sued Zippo Dot Com, Inc. for copyright infringement. Zippo manufacturers lighters, and Zippo Dot Com operated a website that sold a variety of lighter-related products, including cases, flints, and wicks. In its complaint, Zippo... Read more »
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