Ask a Question

Get free answers to your Intellectual Property legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Intellectual Property Questions & Answers
1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have a product in mind that I would like to sell, It includes sonic the hedgehog, don't know if i'm allowed to sell it

It is a cool idea, I am really interested in selling my idea of a product but I don't know if I would get in legal trouble with SEGA, the owners of sonic the hedgehog

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

When considering selling a product that involves a character like Sonic the Hedgehog, it's important to be aware of intellectual property rights. Sonic is a trademarked character owned by SEGA, and using it without permission could lead to legal issues.

Before proceeding, you should...
View More

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

Sheldon Starke
Sheldon Starke
answered on Jan 12, 2024

Honestly, this is work. This falls under the category of business. You can still find highly rated and experienced attorneys who do entertainment law here on Justia. Look for attorneys in smaller areas, still Metropolitan areas, where the cost of living is not so high. You get more for your... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

With the expiration of the copyright for "Steamboat Willie," the specific version of Mickey Mouse as he appeared in that 1928 film has entered the public domain. This means you can use the characteristics of Mickey Mouse as depicted in that particular film, including his design and... View More

View More Answers

2 Answers | Asked in Entertainment / Sports, Gaming, Intellectual Property, Internet Law and Copyright for Texas on
Q: Can I create content using a known superhero's cowl and just the cowl and escape copyright infringement and the such?

Long story short I want to create youtube videos of RANDOM and just RANDOM content while using ex: Flash cowl. Just the top part of the mask not even the one that covers the whole face. I will use a different name, and although use some mannerisms, it will be obvious it is pure satire/parody. I got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

Using elements of a copyrighted superhero character, such as the Flash's cowl, in your content can be legally risky, even if you're only using part of the costume and intend it as satire or parody. Copyright law protects original works of authorship, including characters and their... View More

View More Answers

1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
View More

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

John Michael Frick
John Michael Frick
answered on Dec 22, 2023

When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is... View More

View More Answers

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

As the legal representative of your late husband, you have certain rights regarding his intellectual property, including his utility patents. However, the naming of inventors and representatives on patents is a matter of legal record and protocol, not personal recognition or tribute.

Your...
View More

View More Answers

4 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

It's like my late husband employer does not want my name anywhere, his late relative name is even everywhere, I have paper showing I am legal Representative but employer will not put my name next to my husband, my husband was lead inventor, I just wonder does being recognized as legal... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 28, 2023

I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent...
View More

View More Answers

1 Answer | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?

MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work,... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Our website is copied by somone and we want to take legal action. Our llc is registed in Wyoming

The company who copied our website is registered in Georgia

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

In cases of copyright infringement, such as someone copying your website, the first step is to document the infringement thoroughly. This means taking screenshots or saving copies of the infringing website, and noting any direct similarities to your own site.

Next, consider sending a cease...
View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

To determine if a trademark registration process has been completed, the most direct method is to check the status of the application on the United States Patent and Trademark Office (USPTO) website. The USPTO maintains an online database called the Trademark Status and Document Retrieval (TSDR)... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
Felicia Altman
Felicia Altman
answered on Dec 2, 2023

You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... View More

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I recently filed a trademark application for my aquarium supply business, InstaQuarium (serial #98108530). While I have

received a Notice of Publication, my current listing of goods (Aquarium ornaments; Aquariums; Artificial aquarium landscapes) has changed. I no longer have plans to use any of the classes I filed for as my product line changed after I submitted the filing.

I will now be selling live... View More

Sean Goodwin
Sean Goodwin
answered on Dec 3, 2024

Hi, you are asking a very specific legal question about trademark law. I highly encourage you to retain a competent trademark attorney to answer this question for several reasons:

First, most lawyers have liability insurance that prohibits them from answering detailed legal questions...
View More

View More Answers

2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

View More Answers

1 Answer | Asked in Intellectual Property for Texas on
Q: I'm A Very Small Youtuber Getting Legal Threats From A Company Called BViral so I want to know if this has any merit

Background first, 2 months ago I made a commentary video of a tiktok I saw that involved a woman in a pink dress and crashed into a Popeye's. Everything was well until I get a copyright notice later which I thought maybe it was an issue with me using a show's clip in the video but no it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024

Receiving a legal threat can be stressful, especially for a small YouTuber. BViral claims that your video contains false and defamatory statements, which they believe harms their reputation. It's important to carefully review the content of your video to understand their concerns and ensure... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Texas on
Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?

My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Does this patent stop somebody from making a drink with r 1,3 butanediol as the main ingredient ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2024

Whether a patent prevents someone from making a drink with 1,3-butanediol as the main ingredient depends on the scope of the patent claims. Patents typically cover specific methods, compositions, or uses of a substance. If the patent in question covers a particular formulation, method of... View More

1 Answer | Asked in Intellectual Property for Texas on
Q: Hi, I am trying to manufacture BLUE ROBOTICS T-200 Thruster in its entirety. Can I copy without any legal ramifications?

T-200 has a patent, but it looks like it is a design patent and I can modify the geometry while keeping all of the interfaces same. Need legal help.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2024

If you're considering manufacturing a product similar to the Blue Robotics T-200 Thruster, you need to be cautious about potential legal risks. Even if the patent is a design patent, altering the geometry slightly may not be enough to avoid infringement if the core elements of the design... View More

Q: I wanna sell my patents or patent where do I find my patent
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

To find your patent, start by visiting the United States Patent and Trademark Office (USPTO) website. Use their search tool, the Patent Full-Text and Image Database (PatFT), to look up your patent. You'll need your patent number or application number for a precise search. If you don’t have... View More

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.