Get free answers to your Intellectual Property legal questions from lawyers in your area.
My husband was in an auto accident driving his brothers truck. the insurance company ruled he was at no fault but, they are not wanting to pay the property damage. No lawyer wants the case because there was no injury. Neither insurance company's belong to my husband so we don't know how... View More 
answered on May 22, 2023
A Texas attorney could advise best, but your question remains open for a week. One option is to continue trying to find an attorney to handle the matter. If still no luck, another is to handle the case on your own. The problem you describe is not uncommon with property-damage-only claims, where it... View More
The difference in trademark, copyright, or patent and what I need for my project
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
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
answered on May 16, 2023
In order to successfully pursue a claim for trademark infringement, it is not necessary that the infringing mark be identical; it is sufficient that the marks are so similar and the goods or services for which they are used are so related that it is likely to confuse or deceive the average consumer.
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answered on May 7, 2023
No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... View More
Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... View More
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answered on May 2, 2023
If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.
First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be... View More
I am starting a t-shirt business in Texas and I want to use the tagline Worn and Raised and also put it on shirts to sell. I see it is trademarked twice for business names, can I use it legally or do i have to change its lightly to maybe Worn N Raised?
answered on Apr 8, 2023
You should avoid using someone else's trademark in a way that is confusingly similar. The US Patent and Trademark Office ("USPTO") maintains a website with a lot of general trademark information and offers a webinar on trademark basics. Also, a knowledgeable trademark attorney can... View More
What can I legally do about that to prevent it from happening in the future ?
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... View More
Notice was served. The response was get an attorney. What type of lawyer do i need
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.
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... View More
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... View More
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... View More
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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... View More
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?
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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... View More
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.
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... View More
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)
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?
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".
for personal matters, not to sell the pictures
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.... View More
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.
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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... View More
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.
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... View More
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... View More
The website would specifically be ALL about quotes. Inspirational, motivational, etc.
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.
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... View More
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... View More
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