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Texas Intellectual Property Questions & Answers
3 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Texas on
Q: Someone is posting stolen pictures of my minor child that were taken by me on the internet without my consent.

What can I legally do about that to prevent it from happening in the future ?

John Michael Frick
John Michael Frick
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 »

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1 Answer | Asked in Intellectual Property for Texas on
Q: we have bond in escrow, we want the bonds released from escrow, copyright and lien gives us authority to do so.

Notice was served. The response was get an attorney. What type of lawyer do i need

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

If you are referring to escrowed to maturity municipal bonds, you need the services of a lawyer with experience in securities law.

1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: My trademark has been maliciously tampered with by competitors on Amazon. Can I win in a legal case?

Products bearing my trademark have been maliciously tampered with by a competitor using a high-level Amazon Vendor Central (VC) account,and there are many victims of this type of attack.

The group using this account to launch attacks is mostly from China, and as far as I know, these... Read more »

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

It sounds like you could win if you can clearly identify the perpetrators in China, serve them with process, and acquire jurisdiction over them. You should do your research first to make sure the perpetrators have assets in the United States you can seize to collect any favorable judgment. While... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I painted a painting with my coworkers at an event paid for by my manager. I quit and they won't return it. Is thisLegal

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 »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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 »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: photo club website is posting member's images without watermarks and without permission

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
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 »

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Does apple have a patent on the shape of their chargers and cables.

We want to import chargers and cables that resemble apple charges and cables in shape without their logo

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

Yes, Apple has multiple design patents on the shape and appearance of their chargers and cables. These patents protect the visual appearance and design of their products, including the shape, color, and texture. Importing chargers and cables that resemble Apple's patented designs without their... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

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.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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 »

1 Answer | Asked in Intellectual Property and Traffic Tickets for Texas on
Q: Is it legal for a cop to take you to jail for not stopping at a designated stopping point in a dim license plate light
Grant St Julian III
Grant St Julian III
answered on Jan 10, 2023

The short answer is yes, an officer can take a person into custody for a traffic offense instead of issuing a citation (except for speeding)

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Will it work if I register my work with the US Copyright Office as unpublished, then later decide to publish it?

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?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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".

2 Answers | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

John Michael Frick
John Michael Frick
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 »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

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.

Stephen E. Zweig
Stephen E. Zweig
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 »

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: My sister wrote a book and put my name and private info about my molestation with father in it without my permission.
John Michael Frick
John Michael Frick
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.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

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 »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law for Texas on
Q: Is it legal to create a website on the topic of quotes? I'm thinking of starting a quotes site, with curated content.

The website would specifically be ALL about quotes. Inspirational, motivational, etc.

Erik Špila
Erik Špila
answered on Oct 3, 2022

Many websites use same concept and they always state the author of the sentence. This should be legal in most of jurisdiction throughout the world. However do not cite large portions of texts from the books.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... Read more »

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright, Constitutional Law, Entertainment / Sports and Intellectual Property for Texas on
Q: Is fair use subject to interpretation regardless of facts?

If I record a full cover (track and vocal) of a popular song, and release it on social media with no compensation, no expectation of compensation, no request for monetary support, strictly for the purpose of exhibition, entertainment, and to receive interaction (comments and/or likes) from viewers,... Read more »

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Mar 2, 2022

You should consult an attorney.

2 Answers | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How to prevent theft of a template/its framework for consulting. End result is a customized digital document each time.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 28, 2021

You can start by registering the copyright.

Enforcement will be up to you, via civil courts.

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Is it legal to purchase a book from overseas over the Internet and have it shipped to the US?

I’m considering buying a book online from a bookstore in the UK and having it shipped to me in the US because the British edition is much more attractive than the US edition (this would be shipped by the retailer using the postal system). The thing is, the US edition and UK edition are published... Read more »

Teri A. Walter
Teri A. Walter
answered on Nov 11, 2021

Buy the book - there's no problem with what you described.

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1 Answer | Asked in Contracts and Intellectual Property for Texas on
Q: This patent was invented by my father. He is deceased. What happens to the patent?

His old job “Circuit Image Systems” is shown on the patent but they seem to be closed. John Leon is co inventor and I cannot find him.

Kathryn Perales
Kathryn Perales
answered on Sep 29, 2021

If you are referring to patent 6445969, inventors Jim Kenney and John Leon, this patent has expired and is now in the public domain. If you look it up on Google patents, you can see the details.

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