Lawyers, Answer Questions  & Get Points Log In
Texas Intellectual Property Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

Christie Dudley
PREMIUM
Christie Dudley
answered on Aug 8, 2023

LEGO makes locking bricks, which are rather obviously not video games. Other companies make locking bricks, so it's fine to use imagery of locking bricks for your video game. If you want to specifically use the LEGO name or identifiers in your video game and sell it, you are effectively using... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I'm wanting to create a LEGO video game

I'm wanting to create a LEGO video game and I emailed them but they said to look at their Fair Play policies and I read it but it isn't clear on video games and they said if i was unsure to ask a lawyer or someone who knows the law.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

Creating a LEGO video game involves potential copyright and intellectual property concerns. It's advisable to consult with a qualified attorney experienced in copyright and intellectual property law to assess whether your game would potentially infringe on LEGO's rights and whether you... View More

View More Answers

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: I need to know how to contact someone who has a trademarked phrase so that I can seek permission to use. Help
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

To seek permission to use a trademarked phrase, you should try to identify the owner of the trademark and contact them directly. You can search the United States Patent and Trademark Office (USPTO) database or other relevant sources to find the trademark owner's contact information. If you are... View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

Animating or cartoonifying the artwork may not be sufficient to avoid copyright infringement. If you cannot reach the artist for permission, consider seeking legal advice on alternative ways to create a unique logo that does not infringe upon someone else's intellectual property.

James...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: Can I animated/cartoonify a piece of art and trademark it as a logo?

I have found a piece of art that sparked a logo and brand idea. My thought was to replicate a couple aspects of the artwork and animate them to create my logo. I would then trademark the logo and brand name associated with it. The artist has a few pieces of art that I was also thinking to add to... View More

Christie Dudley
PREMIUM
Christie Dudley
answered on Aug 8, 2023

What you are looking at doing is creating what's called a "derivative work". It is possible you could change it so much that it would no longer be covered by the original copyright, but that is unlikely. The Supreme Court decided recently that Andy Warhol's work violated... View More

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: If I wanted to create a brand with the trademark 'Distinct Routes'?

If I wanted to name my brand 'Distinct Routes' but 'Distinct' is an already registered and live trademark and 'Routes' is also a live trademark, would I have any issues naming my brand 'Distinct Routes' and submitting for trademark registration? All the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

If 'Distinct' and 'Routes' are both already registered and live trademarks in the same class, using 'Distinct Routes' for your brand may potentially infringe on the rights of the existing trademark owners. While the absence of identical matches in your search may be... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is original art protected by copyright?

I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it... View More

View More Answers

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting

I have designed and Developed a CRM SAAS product which is coming to market for users. need some help for copyrighting. This product is under testing and will be launched in market. Need some information about the Copyrighting aspect of this SAAS product.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

You should obtain "work for hire" agreements from all coders of the software, and it is prudent also to have non-disclosure agreements acknowledging their work as trade secrets.

Form CO is used to register the copyright in both the source and object code when completed, and to...
View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Copyright Infringement Question?

Hi There!

I am researching something for a Newsletter Aggregator that combines 20 different email newsletters into one newsletter. The idea of the newsletter aggregator is to summarize the content of a publishers newsletter. That summary would then be added with 19 other summarized notes... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 8, 2023

Your comments and summary text would be original works for purpose of copyright, and your selection and aggregation of the newsletters would be fair use. It would be wise to include a fair use disclaimer:

"This [site/newsletter] contains copyrighted material the use of which has not...
View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Is it possible to trademark Flowprops, toys used for dance, under the same class as flowtoys, 28:toys.

Trademark factory said I would be able to because the name is generic but if flowtoys was trademarked I don’t see why I would be able too.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 2, 2023

FLOWPROPS is arguably not "confusingly similar" thus probably registrable. If the description of the use of the goods is sufficiently distinct from that of FLOWTOYS, then it would be more likely to be registrable; for instance, if FLOWPROPS were used for instruction rather than... View More

1 Answer | Asked in International Law, Intellectual Property and Trademark for Texas on
Q: Can you make a minor alteration to the Red Cross Symbol and it not be in violation, like a break in the +?

Or make the + a T

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

No, making a minor alteration to the Red Cross symbol, such as adding a break in the plus sign or changing it to a T, would still likely be considered a violation of the Geneva Conventions and the federal law that protects the Red Cross symbol.

The Red Cross symbol is protected by...
View More

1 Answer | Asked in Copyright, Civil Rights, Gov & Administrative Law and Intellectual Property for Texas on
Q: Would it be illegal to read declassified files, similar to an audio book to make them more accessible to the public?

I ask because on some documents, especially recordings, you cant quote certain individuals, such as Linden B. Johnson because at the time of the recording he is a private citizen since hes no longer in office, either him or his family have copyrighted all recordings where he wasnt a public servant.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

It is generally not illegal to read declassified files aloud, as long as you are not violating any copyright laws or other legal restrictions. However, there may be certain limitations or restrictions on the use of declassified files, depending on the specific documents and the laws and regulations... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: If I use a service, and that service allegedly violates a patent, what is my liability?

I have been contacted by a firm representing a patent holder. They are seeking damages. I entered into a contract with a service provider claiming to have exclusive ownership of the IP. Am I liable? If so, to what extent? What steps should I take in the matter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

If you use a service that allegedly violates a patent, you may be liable for damages if the patent holder decides to pursue legal action. However, your liability will depend on several factors, such as the terms of your contract with the service provider, the nature of the alleged patent... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More

Felicia Altman
Felicia Altman
answered on May 26, 2023

There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2023

Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

Hi there!

Trademarks, copyrights, and patents are all types of intellectual property protection, but they protect different types of creations. Here is a brief overview of each type of protection:

1. Trademarks: A trademark is a word, phrase, symbol, or design that identifies and...
View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
View More

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... View More

Alec Allen Ross
Alec Allen Ross
answered on May 16, 2023

Trademark protection often extends beyond exact trademark matches. For example, when the United States Patent and Trademark Office (USPTO) reviews trademark applications for a likelihood of confusion, what they generally look for is what is referred to as an overall commercial impression. This... View More

View More Answers

4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

Trademark infringement is based on the likelihood of confusion between two marks, rather than the exact match. Even if the names are not identical, if they are sufficiently similar and used in the same or related industry, it could still be considered trademark infringement. It would be advisable... View More

View More Answers

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.