You could engage an attorney specializing in trademark law or an online trademark search firm to conduct a trademark search. A thorough search is the first step to a successful trademark application.

It depends on the scope of the license with the agencies. Try speaking with someone at the agency to clarify the terms of your license.

Maybe. It depends on the relationship between the photographer and the model. Was the model employed? Was there an employment contract? How well known is the model? The photographer likely owns the copyright, but the model may not have licensed her "likeness" (a right of privacy).... View More

Joseph Hoelscher Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2018

You should check your lease. However, a standard lease doesn't include those rights. In Texas, you have a property right in your image. Certain public images may still be used without permission, but not generally for commercial purposes. For example, if you walk through a live newscast at a... View More

It is hard to see how you could fit an acronym into the patent system. To the extent that you are using this acronym in conjunction with the provision of goods or services, you may want to talk with a trademark attorney to discuss whether that tool is appropriate. So if you plan on using the... View More

Basic design elements are protected by copyright as part of broader designs. Although, you cannot prevent someone else from using basic design elements (fonts, letter, shapes) by using them in your own copyright protected work.

Typically, a name and a logo are filed as two separate trademarks. A trademark can be any indicator, such as a sound, shape, design, or even a color. If you are not selling anything, you can only complete part of the process now by filing an intent to use application. If such an application is... View More

Hi, yes. First, when you create a book or a piece of art on your own idea, technically you have the copyright. However you can also register it with the US Copyright Office in order to enforce your right, i.e. suing other people if they fringe on your right. It is simple and you don't need a... View More

Its unsafe to assume that because of the first sale doctrine they have no claim. They may be concerned that a Chinese distributor has breached a contract to not distribute the products in the US. An attorney would need to review the letter and all the facts to determine whether you should comply... View More

No, you cannot republish the articles of another magazine without the permission of the copyright owner, even if you give credit. To reproduce the articles, you need to obtain the permission of the copyright owner.

Doing as you suggest would likely land you in hot water for several reasons. 1. The school has rights in its name and, unless you have its permission to use it, using it could cause confusion with the public as to whether the school was endorsing your activity, which would not be the case. 2.... View More

You should not be concerned that a patent attorney is going to steal the idea underlying your potential patent application. There are robust legal protections in place to protect your private and confidential information when you discuss legal matters with an attorney. If an attorney were to... View More

You've asked two different questions here:

(1) why aren't people who create gifs from copyright content sued and

(2) how can you create gifs and ensure you aren't sued.

To respond to the first question: someone has to enforce their interest in copyrighted... View More

William C. Head Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

The details of what you are selling are missing. Let's say that this is a knock-off purse, that LOOKS like the genuine article. But, is counterfeit.

You cannot buy it from a site, like Amazon, and then sell it, if you are aware that it is a knock-off.

If all licensing fees... View More

Copyright (the right itself) arises as a matter of law at the moment of creation. There is nothing further one must do to acquire a copyright. However, enforcing a copyright through an infringement action requires that one register the copyright before filing a lawsuit.

Your particular... View More

A non-exhaustive list of some potential issues: trademark infringement, trade dress infringement, copyright infringement, misappropriation of likeness.

Receiving the express written permission of the game developer, to do exactly what you intend to do, in an expertly drafted license... View More

If you received a subpoena, you absolutely should reply in the time prescribed. Contact an attorney in your state if you are unsure of how to proceed.

Who owns the publishing rights?

If there was no written agreement assigning these rights and you co-authored the book with many people, each of those co-authors has the right to fully exploit the work. Absent an agreement to the contrary, each owner of a joint work is free to exploit the... View More

You automatically own the copyright in all artwork you create whether or not a piece is registered with the U.S. Copyright Office. Absent consideration (payment) or an agreement transferring ownership or licensing rights to the band, you can terminate non-consented use by sending them a notice... View More

Short phrases or statements cannot be copyrighted. This is in the area of trademark infringement and the primary question, as to whether you're permitted to use that title, relatively free of risk, is the danger of confusion among consumers.

You should consult with an attorney who... View More