The company’s owner was involved in a lot of fraudulent activity upon which his father “bought out” the company and requested I create a new company name, logo & slogan. I did so and because of refusal to compensate fairly, my
contract was ended. I’ve sent a cease & desist letter to... Read more »
A lawyer would have to evaluate the contract you signed to determine if you agreed to transfer your creative rights to the company that contracted you. Contact a Texas attorney, assuming your contract is governed by Texas law (it could be any state).
doesn't want to sell. My Husband has been paying taxes on the property for the last five years. We want to place a house on the lot. How does he claim full ownership of the property? My Husband's Mother is still alive, and wants him to keep the property. The spouses divorced years ago, but there... Read more »
Since there was no Will and the wife apparently predeceased, the property will pass to all three children under Affidavits of Heirship, a Small Estate Affidavit or an Application for Determination of Heirship. While your husband may have been paying taxes for five years, that gives him a claim for...Read more »
I was approached to use my images of people on the field at a sporting event for a potential movie. The images were taken several years ago and were on my website. I do not have a release agreements from the individuals nor the institutions they represent. I own the images. However, I do not want... Read more »
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...Read more »
I am going to assume that your fact pattern is that you invented a new nanomaterial and communicated details about this new material to a person in the US. That person has subsequently filed a patent application which you have seen as it has published.
I am an author. I have recently published 7 books. They are independently published by me through amazon.com. I only authorized amazon to distribute my content. However, I have found websites distributing my copyrighted material without my permission. Also they are distributing them for prices... Read more »
The competitor trademarked the term Austin Bounce House Rentals (his company name) But it is the top searched phrase and a term I have been using. (my business was in existence before him) He is now saying I can't use that term on my website.
If you are using some intellectual property (such as the phrase Austin Bounce House Rental), then it is generally not appropriate for someone to trademark it and thus keep you from using it. There are some exceptions, though.
You should seek a trademark attorney in Texas to help you on...Read more »
If I were to make a polo shirt to sell online with the words “American Express” embroidered on the chest without a logo, and in similar but different font would I be at risk of copyright infringement? As long as it wasn’t printed on any type of financially related things that could mislead... Read more »
No you would not be O.K. to sell it. "American Express" is likely to be considered a famous mark and probably protected by federal trademark registration. In addition to potential trademark infringement, you might also be at risk for for liability under federal anti-dilution laws.
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.
Another shop owner in Etsy accused me of stealing her designed item and photos for the items that she says she owns. She forced me to remove cease selling or get sued. The Alibaba site shows the items as unbranded.? They are currently bought & sold & resold all over the world? I find them in... Read more »
Is it easier to trade mark for example, xxxxxxxx.com rather than just the name xxxx xxxx. Additionally, if it is a small niche with very difficult market entry, would a domain and an LLC be enough protection to ignore getting a trademark for the website business?
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...Read more »
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). Facebook likely...Read more »
The other party may have some remaining rights to the trademark. To know for sure, an attorney would need to perform a trademark search. Assuming the prior registrant has no rights; yes, someone else could apply for the trademark.
Basic shapes within a larger design would include hearts, speech bubbles, stars, music notes, etc. Can I submit files to the copyright office of designs that include these elements? Example: Cat face with a speech bubble above it's head that has a heart shape within the speech bubble. Should I... Read 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.
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