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I'm an amateur comic book artist and I was thinking about writing a similar plot from a TV show, but using MY characters instead and possibly putting in little different aspects. Will that be safe to do without permission or no?
answered on Apr 14, 2020
It depends on the story.
If it is about a young man trained by a group of people with super powers and he fights an evil empire, as long as you do not steal the names, looks and name, you may be ok.
There are tons of examples, but the plots and characters are different, Star Wars,... View More 
I am creating a Men’s athletic wear clothing store called Freshletics. However, after doing some research, I came across a very large athletic wear company that specializes in woman’s athletic wear but also does men now. Is this name to similar to use and could there be legal trouble down the... View More
answered on Apr 5, 2020
It is great that you want to examine this trademark issue before you launch your business. Coming to the appropriate answer will save you a lot of money and grief. You should work with a local trademark attorney to help you investigate whether your name/mark would infringe the mark of the other... View More
A friend and I were interview subjects in a documentary that aired locally, and then later, on Amazon Prime. Normally I wouldn't consider suing anyone, but the guy that filmed it became pretty rude after he got what he needed from us. We were never asked to sign a release, nor were we filmed... View More
answered on Apr 5, 2020
You may be able to raise the issue of your Right to Privacy. However,it may be hard to enforce because you appear to have acquiesced for a number of years. It would be a good idea to consult with a local attorney familiar with issues associated with rights of privacy to see how realistic your... View More
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answered on Mar 23, 2020
It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... View More
answered on Mar 20, 2020
Probably not. Most companies selling products use the copy generated by the manufacturer.
You May want to check with Nintendo to be safe.
This is not construed to be legal advise nor forms an attorney client relationship
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A gentleman I met over the internet offered to teach me 3D modeling. After a long lesson, he informed me he had obtained Star Wars assets from a mobile video game; he offered a partnership where we would transform the assets into usable avatars for VR. These avatars would be released into the... View More
answered on Mar 18, 2020
Most likely not.
Unless he has a license to use them, very likely it is not ok to do it.
It is possible that he is thinking of fan fiction but that is a very gray area that could go either way.
Too risky.
Copyright law. I purchased an item from Amazon and sold it on eBay. I used the stock pictures from the seller on Amazon. A "customer" bought the item and now says he will sue me stating the item used pictures that he copyrighted. He is not the seller on Amazon. He is the rights owner to... View More
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answered on Feb 15, 2020
Unfortunately, copyright infringement is a strict liability tort. The fact that you didn’t know the person didn’t have permission means they would not be able to show willful infringement but it doesn’t mean there may not be an infringement action. I think $6,000 may be a bit opportunistic... View More
I asked this question about 5 days ago, but got no answer. I came up with a slogan for my dads company, and even bought the web domain for it, but later found out another organization had been using it first, by sheer coincidence. They don't have it trademarked from what I can tell, so can I... View More
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answered on Feb 3, 2020
Trademark rights are based on use and a person does not have to register their mark with the USPTO to have common law rights in the mark. Because of that, the other organization's use may be paramount to yours in the jurisdiction where they have been using it even though you won the domain... View More
If I commissioned a freelance artist to created my a graphic character and we sighed a work for hire contracted before work started. does it fall in the nine categories of work for hire?
answered on Dec 30, 2019
Indeed that is the purpose of the contract and work for hire clauses
make sure your contract is firm and the other person understands what she signed off to avoid future complaints
Im starting a custom shirt business and a customer has asked me to make a shirt that says "Harry Styles"
answered on Dec 30, 2019
Don't
Unless they have permision from the famous person to use the name, you may get into trouble
best luck
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What are my rights? I need advice! I know I've made mistakes, but im a great mom and my babies need me! How can i help this nightmare end? Im going to do better for my babies, no doubt. Im trying to work with the investigator, but when will my case become important enough? Im no one in this... View More
answered on Dec 30, 2019
Based on your details it sounds like you’re a good mother who has made some mistakes. Sounds like you have taken responsibility of those mistakes and ready to forge ahead. In order to fight the way you need to you’re going to have to hire your own attorney and be ready to spend thousands of... View More
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
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.
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.... View More
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.
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?
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 come after you.
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?
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... View More
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
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.
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,... View More
Please let me know if the trademark is no longer in effect
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.... View More
How can I find out if he still owns the trademark name “macho nacho”
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... View More
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.-
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