Griffin Klema's answer 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 a documentary, it might not be necessary since it could be considered a fair use. You might also face the same dilemma for having the images on your website, depending on the nature of the site. Now,...
Jason Brooks' answer 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).
John Espinosa's answer 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:
Benton R Patterson III's answer 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 of judges).
Andrew Zulieve Esq's answer 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.
Jason Brooks' answer 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 of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
Benton R Patterson III's answer 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 can register a business name does not mean that the name does not infringe on another company's trademark. Trademark infringement is a more complex question. An attorney would need to know more about...
Benton R Patterson III's answer Possibly. An attorney would need to review the contract and other documents between you and the television show company to answer this question. Most television production companies will include a clause permitting them to use the content.
Benton R Patterson III's answer There is a small body of case law on mimicking a famous person's voice (usually a singer's voice in advertisements) surrounding that person's right to publicity that could be used as a basis to claim legal rights in the sound of one's voice with respect to speech synthesis.
Benton R Patterson III's answer It sounds like it may not be fair use because you are making a parody of the Karate Kid movie, not a parody of the song. Although, an attorney would need to review the entire video and understand the context to give a confident answer.
Will Blackton's answer Contact the video game company and tell them about the infringement if it's bothering you. It's up to the rights holder (video game company) to pursue copyright infringement claims.
Benton R Patterson III's answer Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to this question.
Benton R Patterson III's answer Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.