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Texas Copyright Questions & Answers
1 Answer | Asked in Copyright for Texas on
Q: Can I use the word doozy and make it my trade mark
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 15, 2021

Depends if it is available and what context you want to do it

1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I go about using an item that is licensed for my small business printing? Please advise.
Marcos Garciaacosta
Marcos Garciaacosta answered on May 21, 2021

Contact the company that handles the licenses and ask for one.

Contact an attorney for further assistance.

1 Answer | Asked in Contracts, Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: In 2001 a well known music artist signed all his right away under duress. His life was threatened if he didn't sign.

Can he file suit since it was under duress? There is alot of money in royalties on the line

Marcos Garciaacosta
Marcos Garciaacosta answered on May 10, 2021

You definitely have to run very fast to talk to an attorney.

There may be some criminal issues as well.

1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Who owns copyright for single member LLC?

I am a single-member owner of an LLC. I have a website for my company in which I created all of the blogs for. I submitted a group of published short literary works copyright application and I listed myself as the author but said the claimant is my LLC and that I was transferring the rights to the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 14, 2021

Probably both.

For beginners you need to consult with an attorney.

In general if you are granting your rights to a company, whether you own or not, it is the company the owner then.

An LLC can be a pass through entity for tax purposes, but can be an independent entity for...
Read more »

1 Answer | Asked in Copyright and Patents (Intellectual Property) for Texas on
Q: I want to create and patent a license plate trim. How do I do that?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

You need to contact a patent attorney to get this done.

You most likely have two options depending what aspect of the license plate trim you are trying to protect. If you are trying to get coverage for the ornamental design of the trim, then you'll likely need a design patent. If you...
Read more »

1 Answer | Asked in Copyright for Texas on
Q: My husband wrote a book and had it self published about 8 years ago. Because of conflicts with the publisher, he pulled

It. He has been working on the next book and when he finishes it, he was going to format it as an ebook and sell it. We have recently discovered that his book is being sold online. I actually purchased one off Google to see if it is the entire book. It is. On another site, it shows almost 600... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 31, 2021

Check the contract he signed with the publisher.

Also check the book if it is the same copyright he registered, if he registered anything.

Contact the publisher of the books you are finding.

They may be left overs, and in many cases royalties do not start until expenses are...
Read more »

2 Answers | Asked in Consumer Law, Copyright, Criminal Law and Divorce for Texas on
Q: Does Stephanie have an Attorney on record in regards to her son Tyler?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 26, 2021

Did you actually just type this question into Justia expecting a meaningful response or were you simply talking to another person who happens to own a malfunctioning Amazon Alexa device?

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1 Answer | Asked in Copyright for Texas on
Q: I want to create kids ABC flash cards with my own art work but the need around movie characters.
Timothy John Billick
Timothy John Billick answered on Dec 31, 2020

If you're planning to use movie characters, you run a high risk of copyright infringement. Characters are copyright-protected. Please consult with an experienced IP attorney before you embark on this project to fully assess your risks.

1 Answer | Asked in Copyright for Texas on
Q: I'm publishing my first book. I registered with US Copyright Office. Do I need an international copyright ?

The company publishing/editing my book states I need an international copyright and they are trying to sell me one for $1,100 for a lifetime copyright. I have registered and submitted my book to the US Copyright Office with a receipt as follows:

The following files were successfully... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 14, 2020

Yes, it sounds like an upsell. Most US authors only register in the US. Are there certain countries where you intend to market your book, and you are particularly concerned that you might have a large audience there, and it might be extensively copied there? If not, tell your publisher no thank... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I've come up with an ENTIRELY new art form and want to protect myself from other people taking the idea.
Kathryn Perales
Kathryn Perales answered on Dec 11, 2020

In order to get an answer to this question, you'll need to have a confidential consultation with an intellectual property attorney, so that you can describe what you mean. Your innovation/idea may be protectable by patent, copyright, contract or other types of law, or it may not be legally... Read more »

2 Answers | Asked in Copyright, Entertainment / Sports and Gaming for Texas on
Q: I’m looking to become a Twitch Streamer and for my logo I am looking to use Mighty Morphin Power Rangers symbol can I?

For my logo I’d like to incorporate the Mighty Morphin Power Rangers lightning symbol but don’t know if I can because I don’t know if it is copyrighted/ trademarked.

Kathryn Perales
Kathryn Perales answered on Nov 24, 2020

This is an interesting question because SCG Power Rangers LLC abandoned one of its Power Rangers registered trademarks (which includes the lightning symbol) back in 2017. Whether or not you can use a trademark without getting in trouble depends on several factors, which can sometimes be clear cut... Read more »

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1 Answer | Asked in Copyright for Texas on
Q: Can I use the thunderbolt as part of my logo for Twitch Streaming?
Allison Higgins
Allison Higgins answered on Nov 23, 2020

You would need to be more specific to get a definite answer. Are you wanting to use a generic image of a thunder bolt or one that is used by another company or person? Are you making any money from the Twtich platform?

1 Answer | Asked in Copyright for Texas on
Q: I was launching a business and had included the name Crayola not knowing it was trade marked could I flip the c to a k ?

Or could I use the work crayon instead ?

Allison Higgins
Allison Higgins answered on Nov 11, 2020

Hi there. The USPTO determines if marks are similar by the way they sound, not the way they are spelled. So, changing the C to a K would not make a difference.

You may be able to use the word crayon depending on the product. I highly suggest you call and speak to a licensed trademark...
Read more »

1 Answer | Asked in Copyright, Business Formation and Business Law for Texas on
Q: I have celebrities on my clothing brand. could I get sued?

I want to start a clothing business and I have celebrities on some of my clothing. could I get sued? if so how could I get around that? If I still decide to proceed with this particular design should I file for an LLC?

Allison Higgins
Allison Higgins answered on Nov 9, 2020

Hi there. Unfortuntely there is not a clear yes or no answer to your question without more information. It depends on how the celebrities are portrayed and if your products fall under fair use or satire exceptions, among other things. You should speak with a Texas trademark and copyright lawyer to... Read more »

1 Answer | Asked in Copyright for Texas on
Q: if I make a PowerPoint lecture based on someone else's book, am I violating his copyright?

I'm a tutor but not an author.

Let's say I'm teaching poker.

1) I've made a set of PowerPoint slides based on various books that I use when I teach. There are famous card hands given as examples. I know that the hands can't be copyrighted, and the analysis... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 24, 2020

1) Copyright covers the expression itself, not the idea. So if you're discussing strategies/approaches/ideas your risk should be low. If this is strictly for educational purposes (i.e. you're only using them for private instruction), this also helps you in a fair use defense to a... Read more »

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Texas on
Q: How can I go about researching to confirm my new idea doesn't copy someone else's patent.
Stephen Kontos
Stephen Kontos answered on Oct 19, 2020

You should consult with an experienced patent lawyer. This is not something you should try on your own. Determining whether you infringe a patent is complicated and best left to professionals. A patent lawyer can help you find the relevant patents in your industry and advise you during product... Read more »

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3 Answers | Asked in Copyright, Business Law and Trademark for Texas on
Q: Can I send a cease and desist to someone who has a name similar to my company's even though my trademark is live

My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!

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